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Torts Keyed to Dobbs
Estevez v. United States
Facts
Several members of the Estevez family (Plaintiffs) were injured in a collision with a postal truck for which Defendant was responsible. Having determined that the car’s driver was negligent, the court ruled that Plaintiffs were each entitled to recover for past and future medical expenses, lost earnings, and pain and suffering. One Plaintiff’s award was reduced because of her failure to properly use her seatbelt-thus assigning to her a proportional amount of liability. The awards based on future damages were further discounted to their present day values. Defendant argued that failure to reduce the awards for future lost earnings by accounting for future income taxes effectively resulted in a punitive damages award. However, the court disagreed, finding that taxes were not deductible under New York law.
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