THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION

MARK ALAN JOHNSON, 

Plaintiff, 

Case No: 

vsUNITED STATES OF AMERICA, 

Defendant. 

 /

JOSEPH F. LUCAS (P29595)

GERALD R. SKUPIN (P46110)

Skupin & Lucas, P.C.

Attorneys for Plaintiff

155 W. Congress, Ste. 350

Detroit, Michigan 48226

(313) 961-0425

(313) 961-1033-facsimile 

FEDERAL TORT CLAIM FOR DAMAGES

NOW COMES Plaintiff MARK ALAN JOHNSON by and through his attorneys,

SKUPIN & LUCAS, P.C., and for his Complaint against the above named Defendant

United States of America pursuant to the applicable provisions of the Federal Tort Claims

Act (FTCA) and for his claim of damages states as follows: 

COMMON ALLEGATIONS

JURISDICTION AND VENUE

1. Plaintiff Mark Alan Johnson at all relevant times was and still is a citizen of

the United States of America who resides in the City of Millington, Tuscola County,

Michigan and this Judicial District. 

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2. Defendant United States of America at all relevant times by the Department

of Navy, a Federal Agency of the United States, and through the agents of the Department

of the Navy acting within the scope of their employment, including and without limitation

Jason A. Snyder, did own and operate certain motor vehicles including a 2013 white

Chevrolet Malibu bearing Federal Government registration 2559M upon public roadways

within Tuscola County, Michigan and in this Judicial District. 

3. The amount in controversy is in excess of $75,000, exclusive of costs,

interest and attorney fees and this court has jurisdiction of the parties and subject matter

jurisdiction pursuant to 28 USC§1346(b)(1) and/orother applicable provisions of the FTCA. 

4. Jurisdiction and venue further exist in this Court because of an automobile

collision involving the aforementioned 2013 white Chevrolet Malibu bearing Federal

Government registration 2559M which was negligently operated by federal employee

Jason A. Snyder when he rearended a vehicle driven by Mark Alan Johnson on September

26, 2013, at approximately 8:22 p.m. in Denmark Township, Tuscola County, Michigan, on

M-81 five feet east of the intersection of Bradleyville Road causing permanent injuries,

disability, disfigurement, pain and suffering including serious impairment of a body function

for which compensation is sought.

5. Written notice of this claim was timely and properly provided to Defendant

United States of America pursuant to the applicable sections of the FTCA. 

6. Defendant United States of America by the Department of Navy denied the

claim via letter dated August 20, 2014.

7. All of the requirements of the FTCA have been satisfied prior to the filing of

this action.

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COUNT I-NEGLIGENCE

THIRD PARTY NO-FAULT LAWSUIT

8. Plaintiff Mark Alan Johnson incorporates by reference each and every

paragraph stated in the common allegations, and further complains:

9. Defendant United States of America allowed federal employee Jason A.

Snyder to operate a 2013 white Chevrolet Malibu bearing Federal Registration 2559M and

vehicle identification number 1G1ZA5EU5CF389421 which was being driven by federal

employee Jason A. Snyder at the time of this collision. 

10. At the time of the collision Plaintiff Mark Alan Johnson was the driver of a

1995 green Pontiac van bearing the 2013 Michigan registration CPD7036. 

11. Plaintiff Mark Alan Johnson was traveling eastbound on M-81 in a lawful

manner.

12. At that time and place federal employee Jason A. Snyder then and there

displayed negligence and misconduct by failing to stop the aforementioned 2013 white

Chevrolet Malibu owned by Defendant United States of America in an assured clear

distance causing the Malibu to strike the rearend of the van driven by Plaintiff Mark Alan

Johnson.

13. Defendant United States of America and federal employee Jason A. Snyder

owed a duty to the people of the State of Michigan, including your Plaintiff Mark Alan

Johnson, consistent with the common law, statutes of the State of Michigan and local

ordinances, including the following duties of care, inter alia:

a. To avoid striking another vehicle from the rear, MCL 257.402;

b. To operate the motor vehicle on the roadway in a manner and at a

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rate of speed that would permit it to be stopped within a safe distance,

MCL 257.627(1);

c. To not drive the vehicle carelessly and heedlessly with willful and

wanton disregard for the safety and rights of others, MCL 257.626(a);

d. To keep the automobile constantly under control;

e. To drive the vehicle on the roadway with due diligence and

circumspection and not to endanger or be likely to endanger other

persons or property, MCL 257.626c; 

f. To attempt to stop the vehicle when Defendant United States of

America and federal employee Jason A. Snyder knew or should have

known that failure to do so would naturally and probably result in

injury to Plaintiff Mark Alan Johnson; 

g. To observe the highway in front of the aforementioned 2013 white

Chevrolet Malibu when Defendant United States of America and

federal employee Jason A. Snyder knew or should have known that

failure to observe Plaintiff’s van in front of federal employee Jason A.

Snyder would endanger the life or property of other persons using the

roadway including Plaintiff Mark Alan Johnson;

h. To drive said vehicle upon the highway at a careful and prudent

speed, MCL 257.627;

i. To drive the aforementioned 2013 white Chevrolet Malibu upon the

highway with regard to the van driven by Plaintiff Mark Alan Johnson

and to the traffic and surface conditions then and there existing, MCL

257.627;

j. To not drive the aforementioned 2013 white Chevrolet Malibu into the

rear end of the van driven by Plaintiff Mark Alan Johnson; 

k. To not drive at an excessive rate of speed, under the conditions then

and there existing, MCL 257.627;

l. To have the vehicle equipped with proper brakes and/or to apply said

brakes in a timely fashion, MCL 257.705; 

m. To take all possible precautions to avoid any collision with any motor

vehicles including that being driven by your Plaintiff Mark Alan

Johnson;

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n. To avoid overtaking and striking the rear of another motor vehicle,

MCL 257.402;

o. To avoid following another motor vehicle too closely, MCL 257.64;

p. To make and/or renew observations of the conditions of traffic on the

highway; 

q. To not drive with a foot injury that would render federal employee

Jason A. Snyder unable to properly operate the aforementioned 2013

white Chevrolet Malibu which caused the collision involving the van

driven by Plaintiff Mark Alan Johnson; 

r. To not commit other acts of negligence which are herewith reserved

for proof at the time of Trial. 

14. As a direct and proximate result of the breach of the duties owed by

Defendant United States of America and federal employee Jason A. Snyder, and the

negligence of federal employee Jason A. Snyder, the collision occurred and the injuries as

stated in this Complaint resulted. 

15. As a direct and proximate result of the negligence and misconduct of

Defendant United States of America and federal employee Jason A. Snyder and the

breach of duties by Defendant United States of America and federal employee Jason A.

Snyder, Plaintiff Mark Alan Johnson suffered serious injuries and may in the future suffer

or may permanently suffer mental anguish, pain and suffering, injuries and limitations,

including serious impairment of body function or permanent or serious disfigurement and

aggravation of any preexisting conditions. Damages of Plaintiff Mark Alan Johnson

linclude, but are not limited to, the following injuries:

a. Serious injuries to his back, neck, bilateral shoulders, head and other

parts of his body as well as other related and appreciable difficulties,

injuries or consequences that have occurred, developed, or

aggravated any preexisting problem that might have existed; 

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b. Soft tissue injuries to the right shoulder including an acromiocalvicular

joint separation and tear of the labrum;

c. Soft tissue injuries to the neck including bulging annulus at C5-6;

d. Traumatic brain injury; 

e. Pain, suffering as well as traumatic shock and injury to the nervous

system causing severe mental and emotional anguish; 

f. Wage loss or actual future loss of earnings to the extent that such

losses are recoverable in excess of the no-fault statutory monthly and

yearly maximums that are found to apply to the cause;

g. Other damages, injuries and consequences that are found to be

related to the automobile accident and those that developed during

the course of discovery, to the extent the damages are recoverable

under the Michigan No-Fault Insurance Act and pursuant to the FTCA

for which compensation is sought.

WHEREFORE, Plaintiff Mark Alan Johnson, asks this Honorable Court to award

damages against Defendant United States of America in whatever amount Plaintiff Mark

Alan Johnson is found to be entitled to in excess of $75,000, specifically $750,000 or

whatever amount is deemed just and reasonable under the circumstances against

Defendant United States of America, plus interest, costs and attorney fees as well as any

other relief that may be lawful, just and equitable under the circumstances.

Respectfully submitted,

SKUPIN & LUCAS, P.C., 

BY: /s/Joseph F. Lucas 

JOSEPH F. LUCAS (P29595)

GERALD R. SKUPIN (P46110)

Attorney for Plaintiff

155 W. Congress, Ste. 350

Detroit, MI 48226

Dated: February 19, 2015 (313) 961-0425

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