Kanawah v Exhibit Works
Mary Childs, Michael Sabongui, & Meri Nacharyan obtained summary judgment on behalf of our client, the employer of a driver whose vehicle collided with Plaintiff. As a result of the collision, Plaintiff suffered traumatic bilateral above the knee leg amputations.
Plaintiff alleged that because the driver had tools for the job in his vehicle, worked at different “remote” job sites, worked a 12-hour shift the night before the incident, and was previously paid a “show-up fee” – also called “travel pay” by the Union for his travel to work, his employer was vicariously liable for the incident.
Defendant’s Motion for Summary Judgment was brought based upon the going and coming rule and the lack of any exceptions thereto.
Prior to the hearing on the Motion, Plaintiff’s counsel made a policy limits demand, focusing on Plaintiff’s traumatic injuries, and stated that the Motion would be easily overcome at which point the demand would increase to $75 million.
The court ultimately granted the defense motion.