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retiring20soon  
#1 Posted : Sunday, January 02, 2011 9:51:33 AM(UTC)
retiring20soon

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Joined: 11/29/2008(UTC)
Posts: 1,913

Without insurance it sure can be very expensive for the USPS to pay 11. 5 million in damages. That comes directly out of the USPS budget. What a liability for an accident.
 
  December 05, 2010 /24-7PressRelease/ -- United States District Judge Clay D. Land recently ordered the United States of America to pay Mary Bilbrey and her profoundly injured son, Anthony Bilbrey, more than $11.5 million after United States Postal Service (USPS) employee Randy Malcom was found negligent in the operation of his mail delivery truck.

On December 22, 2006, after an early morning of Christmas shopping at Walmart and a breakfast stop at Hardee's, Mary Bilbrey - who was eight and a half months pregnant at the time - and her fiance, Jason Murray, were driving to their Monroe, Georgia home.

Traveling south on Highway 11 Murray and Bilbrey both testified that Malcom suddenly pulled into their lane from his position off the right-hand side of the road. A commercially licensed, experienced driver, Murray swerved to avoid colliding with Malcom yet ultimately lost control of his vehicle. The car ran off the road into a fence where a wooden fence rail impaled the vehicle, forcefully striking Mary's pregnant abdomen.

For the first time in the history of Georgia Middle District, an advisory jury was empanelled by Judge Land to hear the evidence in the case. The 12 men and women - representing all counties in the district - were tasked with determining who was at fault in the accident. After deliberating for approximately three hours, they unanimously found USPS employee Malcom solely responsible for the incident due to his negligence.

Savannah-based attorneys and co-lead counsel Jim Carter of James E. Carter & Associates and Stephen Lowry of Harris Penn Lowry, LLP, tried the two-part case over four days in the historic downtown Athens, Georgia, courthouse. "This is, by far, one of the most tragic cases I've seen in my years of practicing law," said Jim Carter. "Mary was a healthy mother, with a healthy son on the way. It was three days before Christmas. And, in an instant, their lives were changed forever."

Further, evidence at trial indicated that Malcom did not assist Bilbrey and Murray after the accident. "Five police officers testified that no post office truck was visible at the scene and no one came forward identifying themselves as a witness," said Stephen Lowry. "Mr. Malcom caused the accident, saw it was devastating and subsequently left the scene, going on to finish his mail route earlier than normal on that day.

"Mary was very severely injured and, by all accounts, should have died at the scene," said Lowry. "She suffered severe shock and remained in a coma for almost five months. Her son, who was delivered by emergency c-section on the day of the crash will never roll over, sit up, stand, walk, talk or eat on his own. Mary's injuries are life-long as well. The callousness of Mr. Malcom still amazes me. In addition to that, the Postal Service did nothing to aid law enforcement during the investigation of this accident. It was gross negligence at every level."

In a Findings of Fact and Conclusions of Law, Judge Land named Malcom solely responsible for the incident and determined the $11.5 million in damages.

At the request of Bilbrey, the court appointed a conservator to ensure the funds awarded to her son, Anthony, are properly managed and distributed so he will be properly cared for throughout his life.

retiring20soon2011-01-02 17:56:55
Southernclerk  
#2 Posted : Sunday, January 02, 2011 10:53:38 AM(UTC)
Southernclerk

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Posts: 499

Different sides to  every story.  Approaching the Postal vehicle while delivering, fully aware of the hazzards of the heavy rain, knowing that carriers are prone to move in and out of lanes, driver driving at excessive speed instead of taking caution . . .  having the devestating loss and wanting someone to blame could be that the choice was easy that the USPS has deeper pockets then the young man that was driving.
Carrier left the scene AFTER the police arrived, in which the carrier called.  And not to forget there was no contact between the vehicles.
But our court system decided otherwise and they are the individuals that heard all the facts.  I do know that the article posted was definitely lacking of facts.
 
Here are further thoughts on this accident. 
 
From the Walton Tribune:
Posted: Wednesday, December 15, 2010 12:00 am | Updated: 9:08 am, Tue Dec 21, 2010.

0 comments

I told myself I was not going to say anything about the story I read in the paper a week or so ago in regards to the Randy Malcom story, but it looks like I can no longer contain myself over this huge case of spin job. 

I’m not from around here, but moved to this area around seven years ago. I have known Mr. Malcom as my mail carrier during that time and have high regard for him, the kind of hard work he has put forth in doing the job we all pay him to do and the kind-hearted person I know him to be. 





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When I read the first story about this case, I was shocked. I sat there in disbelief at first and asked myself if there could be two Randy Malcoms working for the post office. There is no way this is the man I know. 

After reading and re-reading and re-reading this story it came to me that this was the kind of judgment I could expect from a jury who has been spun by a high-paying lawyer who does this for a living. Spinning the truth just to make a large amount of money and not caring about what the real truth is. 

I say to Mr. Malcom, “You hang in there, young man. The hundreds of neighbors and people in your community are behind you no matter what some panty-waist lawyer or judge says. We know what the real truth is about you.” 

I cannot believe this case ever went to court. Everyone with a brain knows to slow down and proceed with caution when approaching a mail delivery truck just because of the nature of what the mail carrier has to drive through to deliver the mail. During a rain, you should always slow down, not speed up and pass someone anyway. 

I feel sorry for the family and what they are going through, but the driver got what they asked for and should man up and take responsibility for their own actions and not blame someone else.

— Marc Linder, Monroe

retiring20soon  
#3 Posted : Sunday, January 02, 2011 11:20:09 PM(UTC)
retiring20soon

Rank: Senior Member

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Joined: 11/29/2008(UTC)
Posts: 1,913

Southernclerk,
 
Why did Mr. Malcom not assist the victims during the accidents and why did he leave the scene? Sorry, to me that does not make sense. Like you said their are several sides to a story. In addition, in the article it said Mr. Malcom caused the accident according to court evidence. I would love to review the accident report to get the real story.
 
Is Mr. Malcom still employed with the USPS. Those pitbull HR managers may start barking up a tree about Mr. Malcom employment status. Did the USPS legal staff cover their ears during the court case like the General Counsel, Mary Gibbons did during the worst USPS scandle in Postal History? More to the story for 11.5 million in damages to be awarded. 
postalvet  
#4 Posted : Sunday, January 02, 2011 11:39:53 PM(UTC)
postalvet

Rank: Senior Member

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Joined: 9/29/2009(UTC)
Posts: 5,341
Location: southern calif

Thanks: 4 times
Was thanked: 7 time(s) in 6 post(s)
http://php.app.com/usps/results.php?newspaper=cp&lname2=malcom&fname=randy&title=%25&fac_state=GA&zipcode=&Submit=Search




name
MALCOM, RANDY H

Title
RURAL CARRIER

Grade
00

Salary/Wage*
$0
Rate Type
(Annual or Hourly)
P

Duty/Hire Year
1978

Facility Name
MONROE

City
MONROE

State
GA

Work Zip 30655
 
 
 
 
Retired postal worker of 38 years who is willing to help even though some do not want to hear the truth.
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