Articles Tagged with wrongful death lawyer Fort Lauderdale

A $19 million damage award for the widow of a fatal railroad car accident victim was affirmed in Missouri, finding the circuit court didn’t err when finding the railroad company 95 percent liable for failure to trim vegetation surrounding the railroad tracks. car accident attorney

The appeal from the railroad company stemmed from the argument a new trial was warranted due to an alleged error by the trial court of not granting a motion for a new trial based on the intentional nondisclosures of prior car accident litigation by a juror. Ultimately, the state supreme court determined that defense attorneys could have discovered the juror’s litigation history had they re-ran her name through a standard background search once they became aware (at the juror’s notification) that her name was misspelled by the clerk of courts.

The case is worth noting for the fact that this is one of those errors that could potentially happen to either attorney in this case, and there are so many technicalities can impact the outcome. That’s why it’s so important to have an eagle-eyed personal injury attorney in Fort Lauderdale working on your behalf. Continue reading

A Florida jury awarded $10 million to plaintiff in a wrongful death lawsuit against the Domino’s Pizza parent company for the negligence of a franchisee employee. hotvehicles

The ruling is significant not just for the amount of damages awarded, but for the fact the jury decided the Michigan-based corporation could be held liable for the actions of a person it didn’t directly employ. The difference here, according to court records, was the degree of control Domino’s reportedly held over its franchises.

Usually, companies can be held vicariously liable for the actions of its employees under the doctrine of respondeat superior. But franchisors generally aren’t considered the “employers” of those who work for franchisees. However, this kind of complex corporate structure isn’t unique to the pizza delivery industry. Trucking companies, nursing homes and others routinely set up these complex business models with numerous companies, with one of the goals being  to distance the main entity from any liability and ultimately reduce the damages any injury plaintiff might receive, as those smaller entities will have less of an ability to pay.  Continue reading

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