Case details

Employer denied employee was working at time of crash

SUMMARY

$350000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On July 14, 2016, plaintiffs’ decedent Bridget Dawson, 58, a triathlete, was bicycling in the bike lane of State Route 227, also known as Edna Road, in San Luis Obispo. When she was south of the intersection with Biddle Ranch Road, she was struck from behind by a mid-size vehicle operated by Lisa Smith. Dawson was ejected from the bike and suffered a fatal injury. The decedent’s husband, Scott Dawson, and her two adult children, Whitney Dawson and Conor Dawson, sued Smith and Smith’s employer, the operator of French Hospital Medical Center, Dignity Health. The decedent’s family alleged that Smith was negligent in the operation of her vehicle and that Dignity Health was vicariously liable for Smith’s actions. Plaintiffs’ counsel argued that Smith was distracted, talking on her cell phone with French Hospital Medical Center, when the accident occurred. Counsel contended that 911 call records indicated that the first 911 call was made approximately 35 seconds after Smith called the hospital. Counsel also contended that Smith’s cell phone records showed she had made more than 80 calls to the hospital over 42 days before the day of the crash. Plaintiffs’ counsel argued that if Smith was on her cell phone with the hospital, she had to be talking about work. Smith did not contest liability at trial. However, Dignity Health’s counsel argued that Smith was not on her cell phone at the time of the accident, but that Smith called the hospital after the collision to say she was in an accident. Counsel also argued that even if Smith was on her cell phone, there would be no vicarious liability pursuant to the going and coming rule, whereby an employer is not liable for an employee’s actions while the employee is commuting to and from work., Bridget Dawson sustained multiple traumatic , which resulted in her death. She was 58 years old. She was survived by her husband and two adult children. The decedent’s family sought recovery of wrongful death damages. Plaintiff’s counsel asked the jury to award the family approximately $9 million, but also told the jury that the lawsuit was not about money for the death of Bridget Dawson.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA

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