May 16, 2025 in Case Summaries

Jeff Levinger teamed with Dallas trial lawyer Kyle Pugh to successfully uphold a Federal Tort Claims Act judgment of $26.5 million in favor of Michael Le, who was rendered a quadriplegic and double amputee after his vehicle was struck by a United

States Postal Service truck.  In a published opinion authored by Judge Patrick E. Higginbotham, the Fifth Circuit reviewed the complex expert testimony offered by both sides and rejected the government’s contention that fault should have been assessed against Mr. Le and the surgeon who conducted the emergency surgery on his fractured spine.  The Court also rejected the government’s contention that the awards of noneconomic damages were excessive under the maximum recovery rule, and that the awards of future damages should have been reduced as a result of Mr. Le’s death during the pendency of the appeal.  Le v. U.S., 138 F.4th 264 (5th Cir. 2025)

Courts: Federal Courts of Appeal

Subject Matter:  Products Liability & Personal Injury; Procedural and Evidentiary Issues