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David Dwork
Barron & Stadfeld, PC
100 Cambridge Street
Suite 1310
Boston, Massachusetts 02114
(617) 723-9800
dpd@barronstad.com |
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Type of action:
Negligence - Negligent Supervision - Parents
Of Drunk Driving Defendant
Injuries alleged:
Serious orthopaedic and neurological injuries
Amount of settlement:
$300,000
Other useful information:
The two pedestrian plaintiffs were injured
when they were struck by a motor vehicle owned and
operated by the defendant. At the time of the accident,
defendant was intoxicated and plaintiffs previously
brought dram shop claims against the bar where he
was drinking, which were settled. The remaining claims
were asserted against defendant's parents based upon
negligent supervision.
The plaintiffs alleged that the defendant had a long
history of motor vehicle accidents as well as alcohol
abuse and that the defendant parents knew or should
have known of his propensity to drive while intoxicated.
Plaintiffs further claimed that they negligently failed
to supervise their son and as a result the plaintiffs
were injured.
At the time of the accident, the defendant was 20-years-old.
The plaintiffs argued that the defendant was not emancipated
as he was a full-time student living at home, although
he did work part-time. They further argued that case-law
did not stand for the proposition that the parents
of an adult child had no duty to supervise.
The home owners insurer of the parents defended the
negligent supervision claim under reservation of rights.
Ultimately, plaintiffs recovered the full policy limits
of $300,000 based upon the above arguments.
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BacK |
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