Our client was seriously injured when the defendant lost control of their vehicle striking his motorcycle. Prior to settling with the defendant, the plaintiff’s team required the driver and her insurer to execute course and scope affidavits. Through these affidavits, BTG learned that the defendant driver was on the way to their place of employment as a result of the corporate defendant calling the employee in for a special errand. Special errand is an exception to the going and coming rule which insulates an employer from vicarious liability. As a result, the employee was deemed to be in the course and scope of employment and the corporate entity was vicariously liable for the plaintiff’s injuries. The diligence and expertise of the BTG team resulted in a significant seven figure recovery as opposed to a modest six figure recovery had the matter been resolved as a motor vehicle negligence matter.
Practice Area: Motorcycle Accident/Borrowed Servant/Special Errand