BVRC Obtains Summary Judgment in Wrongful Death Case
Venue: California - San Diego County
Verdict: Summary Judgment Granted
Type of Case: Car Crash/Wrongful Death
Parties Represented: An Employer
Plaintiffs’ decedent, a Ph.D. cancer researcher, was rear-ended at high speed and killed by an employee who had been drinking earlier in the evening at a Holiday Party for employees. The employee is now serving prison time for vehicular manslaughter. Plaintiffs’ counsel made an 8 figure settlement demand at mediation alleging that the employee was allowed to drink hard liquor at the Holiday Party despite beer and wine limitations placed by the employer, and that he had shots with two supervisors. Partners Rob Ryder and Ravi Sudan brought a motion for summary judgment based upon undisputed evidence that the employee made it home from the Holiday Party safely, and a short while later made the decision to drive a co-employee to the co-employee’s home. Plaintiffs argued that the employee’s intoxication was a “work spawned risk” associated with the “special errand” and “special risk” exceptions to the “going and coming rule” and that such a risk survives the employee’s safe arrival home until the employee is sober. The defense argued that the “work spawned risk” was confined to its “going and coming rule” underpinnings, and by definition expired upon the employee’s safe arrival home. Further, the defense pointed out that the employer has no right to monitor and direct what an employee does after they safely arrive home. The court agreed and awarded summary judgment for the defense. Plaintiffs are expected to appeal.
View Other News
Partner Michael Caspino Named Litigation Management Professional of the Year
BVRC Obtains Summary Judgment for Architect in Multi-Million Dollar Fire Loss Case
Boy Scouts of America Present "Man of Character" Award to Michael Caspino
David Olson Obtains Summary Judgment in Golf Course Trip and Fall Case
BVRC Obtains Summary Judgment in Wrongful Death Case
Partner Michael Caspino Elected to Board of Directors for Casa Teresa
BVRC Obtains Summary Judgment in Asbestos Case Against Volvo
Partner Michael Caspino Quoted in Wall Street Journal
Rob Ryder Obtains Defense Verdict in Wrongful Death Case
Las Vegas Office Wins Summary Judgment for Ritz-Carlton Hotels in Breach of Privacy Claim
Nevada Partner Chuck Simmons Victorious in Construction Defect Trial
Trial Victory in “ Lemon Law” Case Against Volvo
Defense Verdict in Injury Claimed Due to “Falling Beer Can”
Michael Caspino Scores Defense Verdict in 6 Month Soil Subsidence Case
Tim Lane Scores Trial Victory for Landlord in Fraud Claim
Defense Verdict in Case Against City of Hermosa Beach
Arbitration Success for BVRC Client Ritz-Carlton Hotels
Nevada BVRC Office Wins Defamation Trial
Trial Victory in Breach of Contract Case Involving Custom Home in Coto de Caza
Defense Verdict in Grocery Store Accident
BVRC Victorious in Defending Client in Legal Malpractice Claim
Southern California Office Obtains Defense Verdict in Six Week Soil Subsidence Trial
Trial Victory for BVRC Nevada Office
Southern California Office Scores Trial Victory for Outback Steakhouse
Defense Verdict in Slip and Fall Case at ARCO Service Station
Defense Verdict for 7UP in Traffic Accident
Lee Harpst Wins Construction Defect Trial
Arizona Office Obtains Defense Verdict at Trial; BVRC Client faced $800,000 Claim
Southern California Office Obtains Defense Verdict in Case Against Ralph’s Grocery Company
Rob Ryder and Jim Brady Take Over Case on Eve of Trial, Get $5.6 Million Verdict Reduced to $81,000
Defense Verdict in Claim by Police Officer Against City of Hermosa Beach
Summary Judgment Obtained in Civil Case Related to Las Vegas Mass Murder
Mike Caspino Obtains Defense Verdict for Marriott International in Catastrophic Injury Case