1,125,000 Settlement in Wrongful Death Action Against Driver and Disputed Employer For Negligent Driving Resulting In Death of Single Adult Female
The Plaintiff was a 45 year old single mother of an adult child. On the day of the incident she was on her way to work when the Defendant driver ran a red light and struck the side of the Plaintiff’s car. She died at the scene. At the time of the collision, the Defendant driver was a temporary laborer on his way to work . The Defendant driver and Defendant vehicle owner had limited insurance coverage. The Plaintiff filed suit against the driver for negligence, against the vehicle owner for vicarious liability and against the temporary labor service for respondeat superior alleging that the driver was in the course and scope of his employment at the time of the collision. The Defendant driver denied he ran the red light and instead blamed the Plaintiff. The Defendant vehicle owner adopted the driver’s defenses. The Defendant temporary labor service denied the driver was in the course and scope of his employment and raised the “going and coming rule” as an affirmative defense. The case settled for each Defendants policy limits .