FIVE year-old Jane Fine* was walking along the sidewalk on Green Street with her parents, trying to peer into the shops which displayed brightly colored toys. The Fine family was taking Jane out for a frozen yogurt treat in the city’s shopping district.
While the Fine family was making their way to the yogurt shop, 20-year old Bill Lee,* was revving his old Mustang down First Street. Bill, who was recently hired as a summer techie for ABC Co.* eight blocks away, is in a rush. He needed to get to the electronics shop to pick up a computer monitor. Seeing the light go green, Bill accelerated to turn left onto Green Street. But the roar of the Mustang was drowned out as another car from the opposing traffic collided with Bill. The other car, a beat-up Jaguar, was driven by 19-year old Sam Wells,* who was also rushing to an appointment. Both drivers lost control of their vehicles and careened onto a sidewalk.
The Fine family heard the boom of the collision. As they looked around, Mrs. Fine was the first to see the cars jump the curb and head towards them. She tried to grab Jane but the Mustang plowed into Jane, threw her against the shop’s brick wall, and pinned her there. When paramedics arrived, Jane was dead, Mrs. Fine had a mangled right arm (which eventually had to be amputated) and Mr. Fine suffered cuts and bruises trying frantically to get to his wife and daughter. According to witnesses, the events unfolded in under ten seconds.
Mr. and Mrs. Fine came to our office for help. One of the challenges that immediately presented itself was that both drivers, Bill and Sam, had very limited auto insurance coverage of $25,000 each. Even after both insurance companies offered the policy limits to pay for the accident, the Fine family was not made whole by this payment. (Quite frankly, the death of a person in an accident is a damage so incalculable that the task of trying to put a price tag on it seems impossible. How does one put a price on the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support and the loss of training and guidance? How should the family of the wrongful death victim be compensated?)
After a thorough investigation, our firm discovered that Bill, the Mustang driver, was, at the time of the accident, rushing to the electronics shop to buy a computer monitor in order to help his boss prepare for a presentation for company clients that day. We, thus, sued ABC Co. for the death of Jane Fine and the various resulting damages to the Fine family.
The claims of Jane Fine’s family is based on the legal doctrine called “respondeat superior,” which is Latin for “let the master answer.” It states that the employer is responsible for its employees’ actions while performed within the course or scope of their employment.
For an act to be considered within the course of employment, it must either be authorized by the employer, or closely related to an employee’s authorized tasks or duties that an employer should still be held responsible. The errand that Bill performed was closely related to his job as a technology staff at ABC Co. so that his acts, and the accident he caused, were in the course or scope of his employment. On the eve of trial, ABC Co. settled the case by paying a high seven-figure amount to the Fine Family.
Unexpected accidents can lead to catastrophic injuries that seriously impact the lives of victims and their families. The facts behind these events should be thoroughly investigated to determine if other persons or entities are legally responsible. This task requires extensive gathering of evidence and skilled advocacy in the courtroom. It also requires the persistence and creativity of counsel. Yes, the Fine families of this world deserve no less than our best efforts.
* We have changed the names and locations of the above story to protect confidentiality, but the legal claims made are based on an actual personal injury/wrongful death case handled by our law firm.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant recoveries for thousands of employees and consumers. He is named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum.