Ana Cruz De Ortiz v. United States
Opinion
Trial Court Opinion
I. Introduction
The present case is brought by Plaintiff Ana Cruz De Ortiz (“Ortiz”) under the Federal Tort Claims Act against the United States, alleging that a USPS vehicle caused a car accident that injured her. On April 8, 2025, the Court held a bench trial in this case. The Court, having considered the facts and argument presented at trial, grants judgment for the United States for the following reasons.
Il. Liability The primary witness for the United States regarding liability was the driver of the USPS vehicle in question, Jaylin Roberson (“Roberson”). The Court finds Roberson’s testimony credible, especially because his testimony was corroborated by the accident report which nearly identically matched his description of the facts at trial. Roberson testified to the following facts. At some time around 5:00 p.m. on December 3, 2020, Roberson was traveling eastbound in the right lane of West 54th Street, approaching the intersection of West 54th Street and South Flower Street. West 54th Street has one lane going each direction, and South Flower Street is a two lane one-way street with STOP signs at the intersection.