Settlements

ST. MARTIN & BOURQUE: $427,000 VICTORY DUE TO EMPLOYER NEGLIGENCE

APRIL 1, 2013

St. Martin & Bourque lawyer Adam Triplett recently obtained a $427,000 jury verdict on behalf of our client, an automobile accident victim, against State Farm and its insureds.

Our client was rear ended by a company vehicle being driven by an employee after hours while under the influence of alcohol. State Farm and the employer argued that the driver did not have permission to use the van and made no effort to settle the case pre-trial. As a result of the accident, our client suffered a concussion, extensive bruising to her chest, a partial rotator cuff tear, permanent scar to her leg that will require future surgery to correct, a bulging disc in her neck, and psychological trauma that still affects her ability to ride in cars.

Mr. Triplett’s questioning of the driver, other employees, and witnesses revealed that the driver had permission to use the vehicle the night of the accident and that the driver’s employer knew that the driver drove the vehicle while under the influence of alcohol and/or marijuana. Despite this knowledge, the employer still entrusted the driver with the keys to the vehicle.  As a result, the jury found that the driver had his employer’s permission to drive the vehicle on the night of the accident and that the employer had negligently entrusted the driver with the vehicle.

The jury returned a verdict awarding our client $175,000 in general damages for her pain, suffering and emotional distress; $22,000 in past medical expenses, $3,800 in future medical expenses, $2,000 in lost wages and $225,000 in punitive damages due to the driver’s intoxication.