Fort Lauderdale, FL – The Firm’s Personal Injury Litigation Practice recently settled a case for policy limits that involved an at-fault driver who was negligently hired.
In October 2016, our client was stopped at a red light on her morning drive to work when she was rear-ended by a commercial vehicle that propelled her car into the car in front her causing permanent injuries. The at-fault defendant driver had a long history of driving violations in multiple states ranging from driving under the influence to reckless driving and had caused multiple crashes before. Despite his dangerous driving history, he was hired to drive a commercial vehicle.
Unable to come to an early resolution, our personal injury trial team, led by Howard Kanner, filed suit. We argued that based on the defendant’s driving history, which was never checked by the company, he should have never been hired by the company to drive a vehicle in a commercial capacity. If, however, after doing its due diligence and learning of the defendant’s driving history, the company decided to hire him, it should have — at a minimum — provided appropriate training and supervision to ensure he drove safely. Instead, the company performed no investigation, provided no safety training, and conducted no driving supervision period.
The defense argued that the accident was minor in nature because there did not appear to be significant damage to the vehicles involved in the crash. In response to their contention, Kanner & Pintaluga scheduled the driver of the vehicle that our client’s vehicle was pushed into for deposition. That driver was prepared to offered an objective, independent, and unbiased opinion that the crash was extremely forceful to her vehicle and that the impact force must have been even greater to our client’s vehicle. The defense also argued that plaintiff’s prior accidents, including falling down a flight of stairs, was the cause of her injuries and not the rear-end collision caused by the defendant. However, a thorough review of our client’s medical records revealed, despite a history of injuries, that her last visit with her chiropractor was more than two years before this crash, where she reported no pain and was completely asymptomatic.
With trial rapidly approaching, trial attorney Joseph Abdallah reached a $1,000,000 full policy limits tender for the damages caused by the negligently-hired defendant driver.
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Kanner & Pintaluga is an aggressive, ethical, and results-driven national plaintiff firm committed to representing accident, serious injury, and property damage victims. With a team of nearly 100 attorneys, we have the experience and expertise to achieve the most favorable outcome for our clients. If we can assist you or if you’d simply like to speak to an attorney about getting the help you need, please do not hesitate to contact us. Our team is always available to discuss your rights and make certain that you and your family are protected.