Trial Magazine

Richard Wiederhold, a 62-year-old retired fire chief, was driving with his wife, Yvonne, when Domino’s Pizza driver Jeffrey Kidd turned left in front of them. Wiederhold swerved to avoid a collision but lost control of their truck, which flipped over and landed on top of a tree. Wiederhold suffered paralyzing injuries resulting in quadriplegia. He died approximately one year after the crash due to complications from his injuries.

Yvonne Wiederhold sued Domino’s Pizza and its franchisee, which employed Kidd, alleging vicarious liability for the crash. The plaintiff argued that Domino’s controlled major aspects of the franchisee’s business, including rules about employee uniforms, grooming policies, delivery vehicles, employees’ right to carry a firearm, and the minimum age for pizza delivery drivers. The plaintiff did not claim lost income.

The first trial ended in a plaintiff verdict, and an appellate court reversed and ordered a new trial. The franchisee settled confidentially before trial. A second jury awarded $8.97 million.

Citation: Wiederhold v. Domino’s Pizza, No. 2011-CA-001589 (Fla. Cir. Ct. Orange Cnty. June 14, 2019).

Plaintiff counsel: AAJ members Mark Avera, Benjamin Steinberg, and Alexandria Avera, all of Gainesville, Fla.