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Cessay v. VCA

Practice Area: Car Accidents

Outcome: (Not available)

Description: Farma Kane was a 14-month old, properly restrained, back seat passenger in a car that her father, Omar Kane, was driving while making making deliveries for VCA, Mr. Kane’s employer. Mr. Kane rear-ended a disabled vehicle while on the freeway, and the collision resulted in Farma Kane becoming a quadriplegic and dependent on a ventilator. As Mr. Kane was working at the time of the collision, we used the theory of respondeat superior (an employer is generally liable when an employee’s actions coincide with the employee performing duties as assigned) to bring a claim against VCA, his employer. The employer made a motion for summary judgment (a judgement without going to a full trial) on the basis that the scope of Mr. Kane’s official duties does not include making deliveries while also having his child in the back seat of the vehicle. After briefing and oral argument, the motion for summary judgement was denied, and, subsequently, the defendants agreed to pay $9,450,000. This award will provide for a steady flow of funds ensuring that Farma is properly taken care of for the rest of her life.

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