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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

OSHELANDA MITCHELL, )

)

Plaintiff, )

)

v. ) Case No.:

)

UNITED STATES OF AMERICA, d/b/a )

UNITED STATES POSTAL SERVICE; )

and, TAKITA BROWN, an Individual, )

)

Defendants. )

COMPLAINT AT LAW

NOW COMES the Plaintiff, OSHELANDA MITCHELL, by and through her attorneys, 

WHITESIDE & GOLDBERG, LTD., and complaining of Defendants, UNITED STATES OF 

AMERICA, d/b/a UNITED STATES POSTAL SERVICE (hereinafter “USPS”); and, TAKITA 

BROWN, an Individual, and alleges as follows: 

INTRODUCTION

1. Plaintiff brings this complaint against the UNITED STATES OF AMERICA 

pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), and common law claims 

under Illinois Law. 

2. This cause of action stems from injuries sustained by Plaintiff as the result of a 

motor vehicle collision with an employee of the USPS on August 19, 2017.

3. Plaintiff has exhausted her claims by filing the required forms with the Department 

of the USPS National Tort Center and then later reaching an impasse during negotiations. See Ex. 

A (Form 95 Administrative Complaint.)

4. On April 9th, 2020, Plaintiff and representatives for USPS reached an impasse in 

negotiations on the underlying claim.

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5. Plaintiff brings this complaint against the defendants pursuant common law claims 

under Illinois law, whose negligent conducts arises from this incident. 

JURISDICTION AND VENUE 

6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331. This Court 

has original jurisdiction pursuant to 28 U.S.C. § 1331 over this claim against the United States for 

money damages because Plaintiff asserts claims that arise under the laws of the United States, 

namely, the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), but also because this action is against 

the USPS which is an independent establishment under 39 U.S.C. § 201.

7. This Court has supplemental jurisdiction over Plaintiff’s state law claims against 

TAKITA BROWN pursuant to 28 U.S.C. § 1367 because those claims are so related to Plaintiff’s 

federal question claims that they form the same case or controversy. 

8. The acts or omissions giving rise to the claim occurred in Melrose Park, County of 

Cook, which is located in the Northern District of Illinois. Venue is therefore proper under 28 

U.S.C. §§ 1391(b),(e) 1402(b). 

PARTIES

9. The Plaintiff is Oshelanda Mitchell, who resides at 536 N. Avers, 2nd Floor, 

Chicago, IL 60624.

10. The United States of America is sued for Ms. Mitchell’s personal injuries caused by 

the negligent or wrongful acts or omission of its employees, the United States Postal Service, who 

owned, operated, and controlled, the subject vehicle that collided with the vehicle operated by 

Plaintiff.

11. The United States Postal Service (“USPS”) is a revenue generating establishment of 

the executive branch of the government of the United States.

12. The Defendant, Takita Brown, resides at 2202 E. 97th Street, Chicago, Illinois 60617, 

and is an employee of the United States Postal Service.

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COUNT I- NEGLIGENCE 

OSHELANDA MITCHELL v. UNITED STATES OF AMERICA 

13. That at all times mentioned herein, the Plaintiff, OSHELANDA MITCHELL, was 

a resident of Cook County, State of Illinois. 

14. On August 19, 2017, Plaintiff was operating her motor vehicle in a westerly 

direction on or about North Avenue prior to its intersection with 25th Street, in the City of Melrose 

Park, County of Cook, State of Illinois.

15. At said time and place, Defendant USPS, by and through its authorized agents, 

servants and/or employees, owned, operated, managed, controlled and maintained a motor vehicle 

which it was then and there driving behind Plaintiff in a westerly direction on or about North 

Avenue prior to its intersection with 25th Street, in the City of Melrose Park, County of Cook, State 

of Illinois. 

16. It was then and there the duty of the Defendant USPS, by and through its authorized 

agents, servants and/or employees, to exercise reasonable care in the operation, maintenance, and 

control of the motor vehicle, to not cause it to injure Plaintiff, Plaintiff’s passengers, or cause 

damage to Plaintiff’s vehicle. 

17. At said time and place, Defendant USPS, by and through its authorized agents, 

servants and/or employees, drove its motor vehicle so as to cause it to collide with the rear of the 

motor vehicle operated by Plaintiff.

18. That the Defendant USPS, by and through its authorized agents, servants and/or 

employees, was then and there guilty of one or more of the following negligent acts or omissions: 

a. Failed to keep a proper and sufficient lookout;

b. Failed to maintain a sufficient following distance;

c. Proceeded at a rate of speed that was greater than was reasonable and proper 

with regard to the traffic conditions and the use of the roadway, or which 

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endangered the safety of persons or property;

d. Proceeded at a rate of speed that was greater than was reasonable and proper 

with regard to the traffic conditions and the use of the roadway, or which 

endangered the safety of persons or property, contrary to and in violation of 

the provisions of 625 ILCS 5/11-601;

e. Operated its motor vehicle without regard for other vehicles rightfully and 

lawfully along the way, contrary to the laws as made and provided;

f. Operated said motor vehicle so that it failed to yield, stop and/or slow its

vehicle to avoid striking the vehicle the Plaintiff was operating;

g. Operated said motor vehicle so that it failed to yield, stop and/or slow its

vehicle to avoid striking the vehicle the Plaintiff was operating; in violation 

of the provisions of 625 ILCS 5/11-901;

h. Failed to stop its motor vehicle in time to avoid said collision although the 

driver thereof saw or should have seen that it was impending and had ample 

time and opportunity to avoid it;

i. Failed to decrease the speed of said vehicle so as to avoid colliding with the 

Plaintiff;

j. Failed to decrease the speed of said vehicle so as to avoid colliding with the 

Plaintiff contrary to the laws and in violation of the provisions of 625 ILCS 

5/11-601;

k. Failed to have said motor vehicle equipped with proper and sufficient 

brakes, contrary to and in violation of the provisions of 625 ILCS 5/12-301 

or, in the alternative, if such brakes were adequate, failed to apply the brakes 

in a proper manner so as to avoid the collision in question;

l. Failed to give audible warning of the approach of said motor vehicle with 

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the horn thereof;

m. Failed to give audible warning of the approach of said motor vehicle with 

the horn thereof, although such warning was reasonably necessary to ensure 

safe operation of said vehicle in violation of 625 ILCS 5/12-601(a) and 

5/11-1003.1; and,

n. Was otherwise careless and negligent in the operation and control of the

motor vehicle.

19. As a direct and proximate result of one or more of the aforesaid careless and 

negligent acts or omissions of the Defendant USPS, by and through its authorized agents, servants 

and/or employees, the Plaintiff, OSHELANDA MITCHELL, sustained injuries of personal, 

pecuniary and permanent nature and was physically injured, suffered pain, shock, anguish and has 

suffered and will in the future suffer great physical pain, discomfort, impairment and disability, all 

of which injuries are permanent; and the Plaintiff has been and will be prevented from attending 

to her ordinary affairs and duties; and has become liable for or expended sums of money for 

medical care and attention.

WHEREFORE, the Plaintiff, OSHELANDA MITCHELL, respectfully requests that this 

Honorable Court enter judgment against Defendant, the UNITED STATES OF AMERICA and 

award compensatory damages in the amount of FIVE HUNDRED AND TEN THOUSAND 

DOLLARS ($510,000.00) plus costs, and for any other compensation this Court deems necessary 

and just. 

COUNT II- NEGLIGENCE 

OSHELANDA MITCHELL v. TAKITA BROWN

20. That at all times mentioned herein, the Plaintiff, OSHELANDA MITCHELL, was 

a resident of Cook County, State of Illinois. 

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21. On August 19, 2017, Plaintiff was operating her motor vehicle in a westerly 

direction on or about North Avenue prior to its intersection with 25th Street, in the City of Melrose 

Park, County of Cook, State of Illinois.

22. At said time and place, Defendant TAKITA BROWN, owned, operated, managed, 

controlled and maintained a motor vehicle which it was then and there driving behind Plaintiff in 

a westerly direction on or about North Avenue prior to its intersection with 25th Street, in the City 

of Melrose Park, County of Cook, State of Illinois. 

23. It was then and there the duty of the Defendant TAKITA BROWN, to exercise 

reasonable care in the operation, maintenance, and control of the motor vehicle, to not cause it to 

injure Plaintiff, Plaintiff’s passengers, or cause damage to Plaintiff’s vehicle. 

24. At said time and place, Defendant TAKITA BROWN, drove its motor vehicle so 

as to cause it to collide with the rear of the motor vehicle operated by Plaintiff.

25. That the Defendant TAKITA BROWN, was then and there guilty of one or more 

of the following negligent acts or omissions: 

a. Failed to keep a proper and sufficient lookout;

b. Failed to maintain a sufficient following distance;

c. Proceeded at a rate of speed that was greater than was reasonable and proper 

with regard to the traffic conditions and the use of the roadway, or which 

endangered the safety of persons or property;

d. Proceeded at a rate of speed that was greater than was reasonable and proper 

with regard to the traffic conditions and the use of the roadway, or which 

endangered the safety of persons or property, contrary to and in violation of 

the provisions of 625 ILCS 5/11-601;

e. Operated her motor vehicle without regard for other vehicles rightfully and 

lawfully along the way, contrary to the laws as made and provided;

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f. Operated said motor vehicle so that she failed to yield, stop and/or slow her

vehicle to avoid striking the vehicle the Plaintiff was operating;

g. Operated said motor vehicle so that she failed to yield, stop and/or slow her

vehicle to avoid striking the vehicle the Plaintiff was operating; in violation 

of the provisions of 625 ILCS 5/11-901;

h. Failed to stop her motor vehicle in time to avoid said collision although the 

driver thereof saw or should have seen that it was impending and had ample 

time and opportunity to avoid it;

i. Failed to decrease the speed of said vehicle so as to avoid colliding with the 

Plaintiff;

j. Failed to decrease the speed of said vehicle so as to avoid colliding with the 

Plaintiff contrary to the laws and in violation of the provisions of 625 ILCS 

5/11-601;

k. Failed to have said motor vehicle equipped with proper and sufficient 

brakes, contrary to and in violation of the provisions of 625 ILCS 5/12-301 

or, in the alternative, if such brakes were adequate, failed to apply the brakes 

in a proper manner so as to avoid the collision in question;

l. Failed to give audible warning of the approach of said motor vehicle with 

the horn thereof;

m. Failed to give audible warning of the approach of said motor vehicle with 

the horn thereof, although such warning was reasonably necessary to ensure 

safe operation of said vehicle in violation of 625 ILCS 5/12-601(a) and 

5/11-1003.1; and,

n. Was otherwise careless and negligent in the operation and control of the

motor vehicle.

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26. As a direct and proximate result of one or more of the aforesaid careless and 

negligent acts or omissions of the Defendant TAKITA BROWN, the Plaintiff, OSHELANDA 

MITCHELL, sustained injuries of personal, pecuniary and permanent nature and was physically 

injured, suffered pain, shock, anguish and has suffered and will in the future suffer great physical 

pain, discomfort, impairment and disability, all of which injuries are permanent; and the Plaintiff 

has been and will be prevented from attending to her ordinary affairs and duties; and has become 

liable for or expended sums of money for medical care and attention.

WHEREFORE, the Plaintiff, OSHELANDA MITCHELL, respectfully requests that this 

Honorable Court enter judgment against Defendant, TAKITA BROWN, and award compensatory 

damages in the amount of FIVE HUNDRED AND TEN THOUSAND DOLLARS ($510,000.00) 

plus costs, and for any other compensation this Court deems necessary and just.

Respectfully submitted,

WHITESIDE & GOLDBERG, LTD.

By: /s/ David H. Latarski

David H. Latarski

One of the Attorneys for Plaintiff

WHITESIDE & GOLDBERG, LTD.

155 N. Michigan, Suite 540

Chicago, IL 60601

Phone – 312-334-6875

Fax – 800-334-6034

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