- A jury in Miami awarded a 78 year old woman and her husband $20.78 million against a driver and his employer for injuries suffered in an automobile crash. The driver initially admitted owning a cell phone but denied using it at the time of the accident. Cell phone bills indicated otherwise and the driver finally admitted making a sales call "before" calling 911 about the accident.
- The state of Hawaii paid $1.5 million to the family of a New Jersey tourist struck by a car driven by a public school teacher, who was using her cell phone at the time.
- Salomon Smith Barney paid $500,000 in settlement to the family of a motorcyclist killed in a collision with a broker, who was on his cell phone at the time.
Friday, March 8, 2013
Liability for Employee Cellular Phone Use
Cell Phone Usage and Personal Injury Lawsuits
Cell phone usage has increasingly become the cause of accidents or a contributing factor, resulting in an increase in personal injury litigation involving cell phones. When a driver is using a cell phone at the time of an accident and the accident happens while the driver is on company business, the phone call is a business one, or the cell phone was provided by the company, that company will often be sued along with the driver/employee, under a theory of "vicarious liability" for the actions of its employee. Actual examples include: