Suit against US Post Office dismissed

NIAGARA FALLS, N.Y. (RELEASE) - U.S. Attorney William J. Hochul, Jr. announced today that after a non-jury trial, Federal Judge John T. Curtin dismissed a complaint brought against the U.S. Postal Service.

Assistant U.S. Attorney Mary Pat Fleming, who handled the trial of the case along with Assistant U.S. Attorney Kevin Robinson, stated that the plaintiff Edward Kwitek, 48, claimed that he was seriously injured by the failure of U.S. Postal Service employees to assist him in loading wire mail carts. In October, 2005, Kwitek was an employee of Midwest Transport, Inc., a company that contracted with the U.S. Postal Service to deliver mail in the Buffalo area. He claimed that he arrived at the LaSalle Postal Station in Niagara Falls to pick up mail to be delivered to the Grand Island, Buffalo and Niagara Falls Post Offices and asked for assistance from postal employees loading wire containers of mail onto his trailer. Kwitek further claimed that with no success in finding someone to help him, he loaded the mail alone and in the process injured his back. Kwitek said the injury led to surgery and left him unable to work.

Kwitek returned to work for five days after the accident and only reported it to his supervisor at that time. During the trial, he testified that he was unsure as to which day of the week the accident occurred. The United States presented proof that there were several people available to assist Kwitek with loading the trailer and that the U.S. Postal Service was not made aware of the accident until legal proceedings began. Kwitek claimed $2.5 million in damages as a result of the accident.

While Judge Curtin found that the U.S. Postal Service has a duty to maintain the loading dock at the LaSalle Station in a reasonably safe condition, including providing an employee to assist with loading when necessary, the court found that Kwitek failed to prove that duty was breached.

“We are very pleased with the outcome of this case and with the court’s decision denying liability on the part of the U.S. Postal Service,” said U.S. Attorney Hochul. “Our office vigorously defends its agencies, including the U.S. Postal Service, and in so doing protects the taxpayers.”