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Karen J. Yarbrough v. United States Postal Service, United States of America
Citations: 25 F.3d 1059; 1994 U.S. App. LEXIS 22998; 1994 WL 251171Docket: 93-2320
Court: Court of Appeals for the Tenth Circuit; June 10, 1994; Federal Appellate Court
A claim was brought by Karen J. Yarbrough against the United States Postal Service under the Federal Tort Claims Act for injuries sustained from falling into a pothole after visiting a post office in Moriarty, New Mexico. Yarbrough, who is recognized as handicapped, parked on a nearby street due to the absence of designated handicap parking spaces and subsequently fell in a pothole while returning to her vehicle. The Postal Service moved for summary judgment, which the district court granted without extensive discussion, leading Yarbrough to appeal. The Tenth Circuit Court of Appeals affirmed the district court's decision, agreeing that the Postal Service did not breach a duty of care. While acknowledging that the absence of a statute does not automatically negate a duty of care, the Court found that Yarbrough's causation argument was weak. Specifically, she failed to demonstrate that the lack of handicap parking directly caused her accident, as there was no guarantee that a designated space would have been available even if it had been installed. The Court concluded that the Postal Service lacked control over the street where the pothole was located, and thus could not be held liable for not providing parking accommodations. The judgment was affirmed, and the order is not a binding precedent except under specific legal doctrines. The citation of unpublished opinions is generally disfavored but allowed under certain conditions.