Case details

Physician in scope of work at time of fatal crash: plaintiffs





Result type

Not present

brain, traumatic brain injury
On June 30, 2012, plaintiffs’ decedent, a 49-year-old woman, was standing next to her lawfully parked vehicle when a vehicle operated by a physician, who veered into the decedent’s parking space, struck her. The decedent later died from her . The decedent’s two adult children and her elderly parents sued the physician and the medical clinic the physician was a managing partner of. The decedent’s family alleged that the physician was negligent in the operation of his vehicle and that the medical clinic was vicariously liable for the driver’s actions. Plaintiffs’ counsel contended that the physician was inattentive when he veered into the parking space. Counsel noted that at the time of the accident, the physician was driving his personal vehicle, which only had $100,000 in primary insurance coverage and an excess policy of $1 million. However, counsel contended that the physician was acting in the course and scope of his employment for the medical clinic, as the physician used his personal vehicle for the benefit of the medical clinic. Plaintiffs’ counsel also noted that as part of the partnership agreement, the physician was required to maintain a personal vehicle and, in exchange, he received a vehicle stipend every month. Accordingly, counsel contended that the medical clinic’s insurance of $2 million should be applied. The physician told the police officers that the decedent walked into traffic and caused the accident. The medical clinic claimed that the physician was solely responsible for the plaintiffs’ damages. It also claimed that because the physician was on his way to work at the time of the accident, the accident fell within the coming and going exclusion of the course and scope doctrine., The decedent was taken to a hospital where she was diagnosed with a severe traumatic brain injury. She ultimately succumbed to her on July 4, 2012. Thus, the decedent’s two adult children and elderly parents sought recovery of wrongful death damages.
Confidential, CA

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