$3.05 Million for I-95 Crash Victim

While sitting in traffic on I-95, the plaintiff was struck from behind by a pickup truck and died. The defendant driver was on her way to a job site of the defendant company. While the driver's liability was apparent, the employer denied that she was acting as an employee at the time of the collision. It was the company's defense that all employees had been transferred to another company; the driver was unaware of her 'transfer.' The case generated a request by the insurance carrier for a declaratory judgment in Stafford asking the court to determine whether the driver was an employee at the time. Partner Gary Mims successfully argued a lack of subject matter jurisdiction as there was no justicable controversy. The Stafford judge agreed and dismissed the motion. The case then settled for the plaintiff for the insurance policy limits.

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