Domino’s Pizza Liable in Fatal Motor Vehicle Accident

July 24, 2019 | Category: Automobile Accidents | Share

On June 14, 2019, an Orange County jury found Domino’s Pizza jointly liable for a collision that left a former Broward County fire chief a quadriplegic. The fire chief died one year later because of a pulmonary embolism.

Domino's Pizza Held Liable in Fatal Motor Vehicle Accident - Spivey LawIt took less than three hours for the jury to return a verdict of guilty in Wiederhold v. Domino’s Pizza, et al., 2011-CA-001589 in the January 2011 accident which caused the pickup truck driven by the plaintiff to overturn. A pizza delivery driver pulled in front of the fire chief, who swerved into a median and back across the roadway before the truck he was driving overturned.

The Domino’s Pizza establishment where the at-fault driver worked was a franchise operation. Domino’s claimed, because the defendant worked for a franchise, he was an independent contractor, and Domino’s had no liability in the case. The plaintiff’s attorney argued that Domino’s exercised control over all the major aspects of the franchise.

Litigating a case against a corporate entity can be complicated, especially one in which a franchise agreement is in place. However, corporate entities, franchisees and at-fault drivers can all be held liable. In personal injury cases, determining control over the activities of a franchise and an at-fault driver can be a key element in a case, along with timely filings.

Florida has a statute of limitations for personal injury claims. This statute of limitation says that an injured person has four years from the date of an accident to file a lawsuit in Florida’s civil courts. It is important for potential clients to seek legal assistance soon after an accident. Waiting to seek legal assistance could cause a loss of memory of the actual circumstances surrounding the accident, and evidence can be lost.

“Spivey Law Firm, Personal Injury Attorneys, P.A. has the experienced team ready to assist you if you or a loved one is injured in an accident. We assist clients by investigating the accident, dealing with insurance companies, assisting in finding qualified medical doctors for treatment, determining who is going to pay, and handling settlements and/or court actions,” said Fort Myers Personal Injury Lawyer Randall Spivey. “You or a loved one may be entitled to compensation for past, present and future medical expenses, loss of past and future wages, and other benefits.”

 

Fort Myers Personal Injury Lawyer,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

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