Fifth Circuit Upholds $26.5 Million Award Against the United States

The U.S. Court of Appeals for the Fifth Circuit issued a resounding victory for the family of a man who was awarded $26.5 million after he was gravely injured in May 2018 by a U.S. Postal Service vehicle.

The appeals court, in a published opinion released May 16, 2025, ruled that the federal government “did not clear the high bar of showing clear error below in the district court’s apportionment of liability or calculation of damages” and affirmed “the able district court on all findings.” The opinion was written by Judge Patrick Higginbotham and joined by Chief Judge Jennifer Elrod and Judge Leslie Southwick.

“It is unique for the Fifth Circuit to uphold such a significant award for a personal injury judgment,” said C. Kyle Pugh, who, along with Kellie McKee, served as lead trial counsel to the Le family. “We’re grateful to the Fifth Circuit for their careful scrutiny in confirming Judge Reed O’Connor’s well-reasoned judgment.”

Jeffrey S. Levinger, of Levinger PC, served as appellate counsel to the Le family and argued the case to the Fifth Circuit.

Evidence presented at the 2023 trial showed that a U.S. Postal Service worker, delivering mail in the rain on a residential street, could not fit a parcel into a community mailbox. Instead of exiting her vehicle and walking the parcel back two houses to the intended residence, she reversed her postal truck, striking Mr. Le’s vehicle. 

More than 13 expert witnesses testified at the April 2023 trial in U.S. District Court in Fort Worth.

Mr. Le had a pre-existing condition, ankylosing spondylitis, which resulted in brittle vertebrae. Although the collision was low impact, it resulted in a severe fracture to Mr. Le’s cervical spine and left him a quadriplegic with a host of other debilitating medical issues. He ultimately died from his injuries while the case was on appeal.

Among other arguments, the government contended that Mr. Le’s death should nullify the award of damages in the judgment — a tactic the appellate court panel strongly rejected.

“We reject the assertion that a plaintiff’s post-judgment death alone affects the damages awards, even when death cuts a life short compared to the calculated life expectancy,” the court wrote. “To rule otherwise would manufacture inequity, uncertainty, and arbitrariness.”

“We are saddened by the death of Mr. Le,” Mr. Pugh said.  “I hope the affirmation of this judgment gives strength and courage to the Le family. As trial attorneys, we will continue to fight for all people who suffer injustice.”