Texting driver strikes pedestrian

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Case in Point

August 27, 2013

Texting driver strikes pedestrian 

The pedestrian’s estate sued the driver, alleging inattentive driving and improper lookout. Suit against the medical clinic where he worked alleged the driver was using his vehicle while in the course and scope of employment. The parties settled for $3.1 million. Doe v. Roe Doctor.

As Doe, 49, stood next to her parked car, motorist Roe veered into Doe’s parking space, striking her with his vehicle. Doe suffered a severe traumatic brain injury and died several days later. She is survived by her two adult children.

Doe’s estate sued Roe and the medical clinic of which he was a managing partner, alleging inattentive driving and improper lookout. The plaintiff claimed that Roe was texting at the time of the accident and that the clinic was liable because Roe was using his vehicle while in the course and scope of his employment.

The clinic denied liability, contending that Roe had been on his way to work at the time of the accident and, therefore, the accident fell within the “coming and going” exclusion of the course and scope doctrine.

The parties settled for $3.1 million. Roe paid $1.1 million, and the clinic paid the rest.

Citation: Doe v. Roe Doctor, Confidential Dkt. No. (Cal., Confidential Ct. Apr. 9, 2013).

Plaintiff counsel: AAJ member Brian J. Panish, Tom Schultz, and AAJ member Erika Contreras, all of Los Angeles.


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