Type of action:
Premises Liability/Automobile Tort
Injuries alleged:
Mild Traumatic Brain Injury
Amount of settlement:
$395,000.00
Date Of Settlement:
December 20, 2003
Attorneys for Plaintiffs:
David Dwork, Esquire – Benjamin S. Kafka, Esquire
Description of Action:
On October 3, 1999, the plaintiff was struck when a vehicle operated by a teenager and owned by his father, backed up and hit the plaintiff as he was walking in the parking lot of a retail establishment. The teenager worked at the retail establishment as a valet, however, at the time of the accident he had already closed up the valet shed, signed out and was in his own personal car headed home, but still on the premises of the retail establishment. The teenager’s vehicle only had $20,000 in insurance coverage.
Plaintiff brought claim against the retail establishment alleging that notwithstanding that the teenager had checked out, closed up the valet shed and was in his own car on his way home, he was still within the “scope of his employment” where he had not yet left the employer’s premises and where he was still subject to some element of control and also based upon negligent lighting. Plaintiff alleged that inadequate lighting in the parking lot caused or contributed to the accident. Plaintiff’s lighting expert was prepared to testify that the parking area was unreasonably dark and therefore unsafe.
Plaintiff alleged that he had sustained a head trauma resulting in a mild traumatic brain injury with cognitive dysfunction, memory problems, emotional lability, depression and other impairments in his cognitive and emotional functioning.
Defendants disputed liability, damages and the extent and causal connection of plaintiff’s injuries.
To discuss your case with David Dwork, please contact him via email or at (617) 723-9800.
