UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

RONALD TATE, SR. and

RONALD TATE, JR.,

Plaintiffs,

v. Civil Action No.:

UNITED STATES OF AMERICA,

Defendant.

/

COMPLAINT

COMES NOW, RONALD TATE, SR. and RONALD TATE, JR. and sues

Defendant, UNITED STATES OF AMERICA and alleges as follows:

I. JURISDICTION AND VENUE

1. This is an action for negligence in excess of $75,000 exclusive of

attorneys’ fees, costs and interest.

2. This action arises under the provisions of the Federal Tort Claims Act 28

U.S.C. § 2671-2680.

3, This court has jurisdiction to hear the claims of RONALD TATE, SR.

pursuant to 28 U.S.C. § 1346(b) to redress the negligence of federal employees acting in

the scope of employment. Plaintiff, RONALD TATE, SR. timely filed an administrative

claim with the National Tort Center, Post Office Box 66640, St. Louis, Missouri 63141

on December 4, 2009 and has continued to negotiate in good faith. Due to the passage of

time without the issuance of a final denial of the administrative claim, Plaintiff has

deemed his claim denied..

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4, This court has jurisdiction to hear the claims of RONALD TATE, JR.

pursuant to 28 U.S.C. § 1346(b) to redress the negligence of federal employees acting

in the scope of employment. Plaintiff, RONALD TATE, JR. timely filed an

administrative claim with the National Tort Center, Post Office Box 66640, St. Louis,

Missouri 63141 on December 9, 2009 and has continued to negotiate in good faith.

Due to the passage of time without the issuance of a final denial of the administrative

claim, Plaintiff has deemed his claim denied.

5. All conditions precedent to Plaintiffs bringing this claim have been met or

waived.

6. The negligent action alleged below occurred in the state of Florida and

venue is properly laid in this Court by virtue of 28 U.S.C. §1339.

II. THE PARTIES

7, The Plaintiff, RONALD TATE, SR., was the driver of a motor vehicle

involved in an accident which is the subject of this suit. Plaintiff, RONALD TATE,

SR., is a resident of Panama City, Florida.

8. The Plaintiff, RONALD TATE, JR., was the passenger in a vehicle driven

by RONALD TATE, SR., and involved the same accident which is the subject of this

suit. Plaintiff, RONALD TATE, JR. is a resident of Panama City, Florida.

9, Don S. Pennington was the driver of a vehicle owned by the United States

Postal Service and was operating said vehicle with their permission in the course of

his employment with United States Postal Service.

10. Defendant, UNITED STATES OF AMERICA, is responsible for the

negligent acts of its employee, Don S. Pennington, complained of herein.

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FACTUAL ALLEGATIONS

11. On or about May 23, 2008, Plaintiffs, RONALD TATE SR. and

RONALD TATE JR., were traveling west on West 23rd Street in Panama City, Florida.

12. On or about May 23, 2008 a vehicle driven by Don S. Pennington and

owned by United States Postal Service was also traveling west on West 23rd Street in

Panama City, Florida.

13. Don S. Pennington, while acting within the scope of his employment with

United States Postal Service, negligently failed to stop and collided with the rear of

the Plaintiffs’ vehicle.

III. CAUSES OF ACTION

COUNT I

COMES NOW, Plaintiff, RONALD TATE, SR., by and through the undersigned

attorney and hereby sues the Defendant, UNITED STATES OF AMERICA, and

incorporates paragraphs 1-13 and further alleges:

14, As a result of the negligent acts of Defendant’s employee outlined above,

Plaintiff, RONALD TATE, SR. suffered bodily injury that is permanent within a

reasonable degree of medical probability and resulting pain and suffering, disability,

disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of

hospitalization, medical and nursing care treatment ̧ loss of earnings, loss of ability to

earn money and aggravation of a previously existing condition. The losses are either

permanent or continuing and plaintiff will suffer the losses in the future.

COUNT II

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COMES NOW, Plaintiff, RONALD TATE, JR., by and through the undersigned

attorney and hereby sues the Defendant, UNITED STATES OF AMERICA, and

incorporates paragraphs 1-13 and further alleges:

15. As a result of the negligent acts of Defendant’s employee as outlined

above, Plaintiff, RONALD TATE, JR. suffered bodily injury that is permanent within a

reasonable degree of medical probability and resulting pain and suffering, disability,

disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of

hospitalization, medical and nursing care treatment ̧ loss of earnings, loss of ability to

earn money and aggravation of a previously existing condition. The losses are either

permanent or continuing and plaintiff will suffer the losses in the future.

IV. JURY DEMAND

Plaintiffs demand a jury in all matters so triable.

Respectfully submitted,

/s/ Douglas B. Dykes

DOUGLAS B. DYKES, ESQUIRE

Florida Bar No. 0998443

311 Magnolia Avenue (32401)

P.O. Box 1186

Panama City, FL 32402-1186

ddykes@syfrett-dykes.com

T/850-785-3400

F/850-872-8234

ATTORNEY FOR PLAINTIFF

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