Plaintiff in this case was the passenger in a car driven by a drunk driver. The defendant driver was an employee of a large company who allowed the driver to use one its vehicles. The drunk driver drove the car off of a rural road where it rolled over and rammed into a tree. Plaintiff suffered a mild traumatic brain injury as a result of the accident, but otherwise was uninjured. The defendant company defended the case by stating that plaintiff was at fault because he was drunk at the time of the accident, and actually supplied the driver with the beer which caused him to be drunk. Further, the company claimed that the car was not being driven for work purposes; therefore, it should not be responsible and refused to offer any money to settle the case.
The law offices of Winer, McKenna, Burritt & Tillis LLP, was retained, and although the law firm could not do anything about the fact that the plaintiff was drunk and had supplied the defendant with alcohol, the law firm was able to establish that the defendant had a history of drunk and reckless driving and, thus, the defendant negligently entrusted the vehicle to its employee.
Further, the law firm was able to retain brain injury experts who confirmed the mild traumatic brain injury.
RESULT: Settlement on behalf of plaintiff for $285,000