Tree-Trimming Company Loses $84 Million After Drunk Driver Causes Serious Accident

Two California plaintiffs won a personal injury truck accident lawsuit to the tune of $84 million after they successfully alleged that the driver of a company-owned vehicle was drunk behind the wheel when he caused a devastating accident.

According to the lawsuit, the plaintiffs suffered catastrophic injuries requiring eight surgeries and extensive rehabilitation. The couple was leaving a family holiday party when they were struck by a vehicle owned and operated by Original Mowbray’s Tree Service, Inc. The driver was allegedly intoxicated at the wheel when he caused the accident that injured the two plaintiffs. The lawsuit contended that the company negligently hired the driver, negligently retained him as an employee, and negligently supervised him. Further, the company negligently entrusted him with a vehicle.

According to evidence presented during the trial, the plaintiffs alleged that they knowingly allowed the driver, who lacked a driver’s license, and caused an incident at a hotel involving broken beer bottles, to operate their company vehicle.

$49 million of the settlement was for punitive damages meant to punish the company for gross negligence.

Elements of negligence 

In this case, the defendant company allowed a drunk driver with no valid license to operate their vehicles. On some basic level, an accident like this was inevitable. It was just a matter of who was unlucky enough to be in the path of this driver when he was on the road. As it stood, two California natives were in the path of that vehicle when the driver caused a serious accident that led to eight total surgeries and an extended period of rehabilitation.

In legal terms, the company was accused of negligently hiring an employee without a valid driver’s license to operate their vehicles while intoxicated. They failed to supervise the employee or protect the public from his negligent driving, and hence, they were hit with punitive damages in the personal injury lawsuit.

Punitive damages are assessed to punish a company for their actions.  The plaintiffs were successfully able to argue that the company was guilty of oppression, fraud or malice.

Respondeat superior and vicarious liability

 Even if the driver was perfectly sober at the time of the crash and had a valid driver’s license, the company would still be on the hook for the accident. This is due to a legal concept known as respondeat superior. It essentially means that a company is liable for the conduct of their employee when the employee is on the clock.

Talk to an Oakland, CA Truck Accident Lawyer Today 

The Oakland personal injury lawyers at Venardi Zurada represent the interests of those who have sustained serious injuries in traffic accidents with commercial trucks. We serve the Bay Area from our office locations in Oakland and Walnut Creek.  Call our office today to schedule a consultation, and we can begin investigating your case right away.

Source:

wlns.com/business/press-releases/ein-presswire/730436410/84-million-verdict-in-landmark-personal-injury-case-against-tree-trimming-company/