News + Events

Kim Davis Helps Corporate Client Avert Liability in Auto Accident Involving Employee

Partner Kim Davis was hired to serve as personal and additional counsel by a corporate client being sued for negligence arising out of a motor vehicle accident involving one of its employees. Kim was retained directly by the client in addition to the attorneys hired by the employee's insurance company to defend the client, out of concern that a verdict might exceed the insurance liability limits, which would have potentially resulted in personal responsibility on the part of the client to satisfy any excess verdict.

The plaintiff, who was riding a bicycle when he and the employee's vehicle collided, claimed that the employee was performing work for the client/employer at the time of the accident, thereby making the employer vicariously liable for the plaintiff's injuries and damages.

Kim defended the client at arbitration and received a "not guilty" award in favor of the client, however, the plaintiff filed a statutory rejection of the award, sending the matter to jury trial. Kim then worked with the attorneys retained by the employee's insurance carrier in preparing for the jury trial, procuring witnesses and negotiating with the plaintiff's attorneys.

At trial, after the plaintiff put on her case, on a motion by the defense, the Court entered a directed verdict in favor of the client, finding that the plaintiff had failed to present sufficient evidence to establish that the employee was acting within the scope of his employment at the time of the accident. As a result, the client was not even required to put on a defense and financial exposure in excess of the employee's liability insurance limits was entirely obviated.