Minor Children V. Doe Defendant
Apr 05, 2019OUTCOME: Case settled in face of Plaintiffs Motions pre trial for 1.8 million
Decedent lost his life when defendant who was on his way to work ran a stop sign. The case was prosecuted against the employer of defendant on the theory that the defendant, although on his way to wo ... rk, was in the course and scope of his employment. The case was prosecuted as an exception to the coming and going rule which insulates an employer from liability for employees coming to work and leaving work. The evidence established that decedent was required by his employer to have a vehicle available for use during the day so the employer could direct employee to various work locations as needed. This was an on-going pattern and practice of the employer and not limited to doe defendant, The issue was hotly contested. Minor children were able to establish that employer benefitted from the employee(s) having their vehicles at work so they could be re-deployed during the day and this created an exception to the coming and going rule. The case settled for 1.8 Million .
