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PERKINS v. U.S.

November 22, 2002

BRENDA PERKINS, PLAINTIFF,
V.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS



The opinion of the court was delivered by: John M. Facciola, Magistrate Judge.

FINDINGS OF FACT

1. Plaintiff, Brenda Perkins ("Perkins") currently works for the District of Columbia Department of Human Services as a Manager in the Office of the Director and has worked there for the past 18 years.

2. Wayne Aaron Person ("Person") worked for St. Elizabeths Hospital ("St. Elizabeths"), also known as the District of Columbia Commission on Mental Health, in 1997.

3. On April 4, 1997, Perkins was working on the grounds of St. Elizabeths, located in the District of Columbia. The accident that is the basis of plaintiff's complaint occurred on the hospital grounds that day.

4. While in her car, approaching an intersection to exit the hospital grounds onto Martin Luther King Boulevard., Perkins was stopped on an incline behind other cars.

5. Person, then an employee of the District of Columbia, was driving a 1990 Dodge Dakota pickup truck located directly in front of Perkins' car.

6. Person's truck, suddenly and without warning, backed down the incline and collided with Perkins' vehicle.

7. The impact of the accident jolted Perkins inside the vehicle. Perkins suffered injuries to her back and neck.

8. Perkins' vehicle sustained damage to the right, front headlight, hood, and grill.

9. Following the accident, Person exited his truck and approached Perkins' car. He asked Perkins if she was hurt. He apologized to her and told her that the transmission in the car was malfunctioning and that he had reported the problem, but was instructed to drive the truck anyway.

10. Mary Brown, a witness at the scene of the accident, was driving on Martin Luther King Boulevard attempting to turn onto St. Elizabeths grounds when she heard the collision.

11. Brown approached Perkins' car and asked her if she was "all right." Perkins responded that she was injured.

12. The Metropolitan Police Department was called to the scene of the accident and Perkins and Person exchanged relevant personal and vehicular information.

13. In the days following the accident, Perkins experienced great amounts of back and neck pain, as well as a persistent headache. Due to pain following the accident, ...


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