Aitken Redesign

CASE DESCRIPTION: Dr. Doe was involved in a head on automobile collision with an employee of Roe Corporation. Plaintiff alleged that Roe Driver was in the course and scope of employment during the accident.  The defendant disputed liability.

RESULT: $19,422,080 total settlement

The action sprang from a February 2002 automobile collision in which Plaintiffs’ decedent, Dr. Doe, was killed.  The action was brought on behalf of Dr. Doe’s surviving spouse and three children, whose ages were 23, 21, and 14 at the time of Dr. Doe’s death.  Plaintiffs alleged the cause of the collision was an unsafe passing maneuver by Defendant Roe Driver on a two lane highway which led to a head-on collision in Dr. Doe’s lane of travel.

The primary liability issue contested during the litigation was whether the Defendant Driver was acting within the course and scope of employment with Defendant Roe Corporation at the time the collision occurred.  Roe Driver was an “outside sales agent” with Roe Corporation, and was required to have and to use an automobile for purposes of making sales calls.

Due to the nature of her employment duties, Plaintiffs contended that Roe Driver remained within the course and scope of employment even during her evening commute home.  Defendant Roe Corporation contended that Roe Driver was outside the course and scope of employment either because she was heading home or was on a personal errand at the time.

TYPE OF CASE: Auto v. Auto

INJURIES: The accident resulted in the death of the husband/father of the various claimants.

DATE & LOCATION OF INCIDENT: In 2/02

PLAINTIFF’S AGE: 52 at the time of the accident.

OCCUPATION: Decedent – Doctor

PLAINTIFFS’ ATTORNEYS:
Wylie A. Aitken & Darren O. Aitken
AITKEN * AITKEN * COHN

For Plaintiffs – Doe & Doe’s Three Children

DEFENDANTS’ ATTORNEYS:
John W. Marshall
THOMPSON & COLGATE LLP
For Defendant – Roe Driver
Timothy L. Walker
FORD, WALKER, HAGGERTY & BEHAR
For Defendant – Roe Corporation