Butler Kahn recently settled a car accident case for $5,250,000. This case was hard-fought from beginning to end, with the at-fault driver’s employer denying that they had any legal responsibility. This case was unique in that it involved a complicated theory of liability that was dependent upon a jury making numerous factual findings in our favor. In other words, a jury trial could have gone either way.
Here’s more about the case.
Facts of the Wreck
This case arose from a single-car collision into a tree in the early morning hours, but the story began the night before.
The night before, James Peterson* and Samantha Godfrey worked the closing shift at a local store. After the store closed, the manager told James to drive another employee home. James drove the employee home, but Samantha – who was dating James – joined to keep James company.
After dropping the employee off at her home, James and Samantha began their trip home. They took back roads and stopped along the way for a snack and to use the restroom at a gas station. They resumed their journey home along dark, back roads.
At one point, Samantha looked toward James and saw that he was hunched over the wheel of the car. She screamed at him to try to wake him up, but he was out cold. The car left the roadway, collided into a tree, and caught fire.
After the collision, Samantha realized that the car was on fire and James had passed out in the driver’s seat. She struggled to open the passenger door and fell to the ground. By that time, James regained consciousness and ran away, leaving Samantha by the burning car. Fortunately, a passing truck driver stopped and found Samantha on the ground next to the car. He pulled her away moments before the car exploded.
James’ post-collision medical records revealed that he had been under the influence of drugs at the time of the collision.
Personal injuries sustained by our client
The injuries that our client suffered in the collision were serious. The force of the impact fractured Samantha’s pelvis, femur, and tibia, and broke seven ribs. Samantha had to have surgery to repair all of the broken bones in her leg.
Samantha’s foot was also seriously burned while she was stuck in the fiery car. The burns required a skin graft, which was painful and left permanent scarring.
Proving that the company was responsible
Generally, when someone is either on the way to or from work, they are not within the scope of their employment. However, when an employee is on the way home from performing some special errand on behalf of his employer, the employer can be legally responsible.
In our case, the evidence showed that the store manager had directed James to take another employee home. Through witness testimony, we were able to prove that the manager told James to drive the other employee home and that the company had promised the other employee that they would arrange transportation for her to and from work.
The company argued that it was not responsible for a few different reasons. First, the company argued that it received no benefit from James driving the other employee home. Second, the company argued that, even if James had been driving for the company, he wasn’t at the time of the crash because he had gone so far out of the way. Third, the company argued that if James was an employee, Samantha was too, and her claims were barred by the Workers Compensation Exclusion.
Ultimately, the Court found that the jury was responsible for deciding the answers to each of those defenses.
Settlement
Although we were able to neutralize some of the obstacles, we still faced a significant risk that a jury would find that James was not acting on behalf of the store or that Samantha’s claim was a co-employee who could not recover. On the other hand, the company faced the potential for a large verdict based on the serious injuries caused by an intoxicated driver.
The case was placed on a trial calendar, which provided the parties with an opportunity to mediate the case. Both parties realized the risks of placing the case before the jury. The case ended with a settlement of $5,250,000, and we had a happy client.
* The names of those involved have been changed to preserve confidentiality.
