Fort Lauderdale, FL – Earlier this week a Broward Jury concluded that vehicle driven by a drunk driver that caused a head on collision was a company vehicle allowing our client to recover an additional $400,000.

In 2011, our client was hit head on by a drunk driver who was visiting Broward County on a work trip. The crash took place after hours, while the defendant driver was off the clock, but involved a car that was paid for and maintained by the company the defendant driver worked for. There was no dispute that our client suffered a serious neck injury that required surgery as a result of the crash.  Several years ago the defendant driver and her estate settled with our client but the defendant company disputed ownership of the vehicle and responsibility for the crash causing the case to drag on.

The company’s position was that their employee, the defendant driver, was acting outside of her scope of employment and that the at-fault vehicle was not owned by the company because it was titled in someone else’s name. Our client, represented by KP trial attorneys Joseph Abdallah and Richard Rosenblum, argued that the company was the “beneficial owner” of the vehicle at the time of the crash because the company had taken over payments on the vehicle, paid for the regular maintenance, gas, and other related vehicle expenses.  As a beneficial owner, the company bore a portion of the responsibility for the damages caused.

The matter proceeded to trial on whether the company was the beneficial owner with the parties entering into a high-low settlement agreement. Following the presentation of evidence, the jury determined that the driver’s company was in fact the beneficial owner and is required to cover the damages caused by its driver.  Per the pre-trial agreement, the client was awarded an additional $400,000 in damages.

The case is Pablo Vivanco v. Margaret A. Collins, as special Administrator of the Estate of Anita McConnell and All Florida Water Treatments, LLC, Case No.: CACE-12-002590 in the Circuit Court of the 17th Judicial Circuit, Broward County, Florida.

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