Estevez v. United States
United States District Court for the Southern District of New York
74 F. Supp. 2d 305 (1999)
Relevant factsFree
After a car accident with a Postal Service truck, five-year-old Joseph Estevez (plaintiff) was awarded $750,000 in future damages plus a pain-and-suffering award requiring the Government (defendant) to purchase a 10-year annuity, and the Government sought reconsideration arguing the FTCA only permits lump-sum awards, that future lost-earnings awards weren't reduced for federal income tax, and that the future pain-and-suffering award wasn't discounted for the time value of money.
IssueFree
Whether the Federal Tort Claims Act permits awards requiring damages to be paid in installments where the applicable state law allows or requires structured payouts.