The Eighth Circuit Court of Appeals has reversed a lower court’s decision, overturning a nearly $3 million award to Cheri Williams after her son, Tony White, was killed in a collision with a U.S. Postal Service van. The court found that the evidence presented at the trial was insufficient to prove the driver of the van could have avoided the accident.
The Accident and the Lawsuit
The accident occurred in Kansas City, Missouri, when 15-year-old Tony White was riding his bicycle and collided with a USPS van. Williams sued the United States government, claiming the van driver, Shaniel Barnes, was negligent. Under federal law, the government can be held liable for the actions of its employees if a private person would be liable under the same circumstances, based on the laws of the state where the incident occurred. In this case, Missouri law applied.
To win her case, Williams had to prove that Barnes had a duty of care, breached that duty, and that the breach directly caused her son’s death. She argued that the driver either failed to keep a proper lookout or failed to take action to avoid the collision after the danger became apparent.
The Evidence Presented
Barnes died before the trial, so there were no eyewitnesses to the accident besides the driver. However, a security camera captured the incident. The video shows White entering the street and making a sharp right turn as he falls, before being struck by the van. Barnes did not brake or swerve and the van dragged White for about 40 feet.
The district court sided with Williams, concluding that Barnes “had the ability to take evasive action and failed to do so.” However, the appeals court disagreed, citing the video evidence and expert testimony.
The Court’s Reasoning
The appeals court focused on whether Barnes had enough time to react and avoid the collision. Expert testimony indicated that a driver needs approximately 1.5 seconds to perceive a hazard and react. The video showed White entering the street and being hit in less than one second. The court concluded that Barnes did not have enough time to react, let alone take evasive action.
Williams argued the video was inconclusive about where her son entered the street, but the court said it didn’t change the outcome. Regardless of whether White entered from the alley or sidewalk, the court said the duty to act would have arisen only when White swerved into the street, which was too late for Barnes to react.
The court also noted that Barnes’s post-accident actions were problematic, including lying about being on the phone and failing to stop immediately after hitting White. But even if the court agreed Barnes was at fault, these actions didn’t change the fact that the accident was unavoidable.
The court also addressed the van’s speed. Even if Barnes was driving at the claimed 10 miles per hour, the court said the accident would still have been unavoidable because White entered the street within the van’s stopping distance.
The Outcome
Because Williams failed to prove that Barnes could have avoided the collision, the Eighth Circuit Court of Appeals vacated the district court’s judgment. The case was sent back to the lower court for further proceedings consistent with the appeals court’s opinion.