Posted on Wednesday, September 18th, 2013 at 2:57 pm
The plaintiff is a heavy equipment operator in his early 60s. The plaintiff was struck by a motor vehicle while he was loading a flatbed. The incident resulted in injuries to the plaintiff’s back and neck. The vehicle’s driver fled the scene, but fortunately a witness reported that the vehicle was a small bus and the driver was stopped one mile away from the accident scene.
The plaintiff sued the driver and the employer. Under the vicarious liability doctrine, an employer is liable for accidents resulting from employees’ negligence while they are within the scope of their employment.
Hach & Rose, LLP, representing the plaintiff, used the vicarious liability doctrine to hold the bus driver and the bus operator responsible for the plaintiff’s accident. Plaintiff’s counsel successfully proved the employer’s liability by submitting witness testimony who observed the bus leaving the area moments after the incident had occurred.
The bus driver denied having struck the plaintiff or anyone. Defense counsel contended that the witness could not positively identify the driver or the particular bus that she was driving.
After the presentation of proof, but prior to the scheduled start of closing arguments, the parties negotiated a settlement. The Plaintiff received $275,000 to compensate for past and future pain and suffering.