$2.3M
Personal Injury
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Case Details
On a summer day in 2016, the “McCoy” and “Frank” families were out for a leisurely bicycle ride in Del Mar when they were struck by an intoxicated motorist and suffered devastating injuries. One child had to undergo eight surgeries to save his leg, while his uncle sustained a traumatic brain injury. The driver’s insurance company tried to settle with our clients for its $300,000 policy limit, but Coast Law Group LLP knew that this was nowhere near sufficient to compensate them for everything that they had lost. Coast Law Group LLP immediately launched an investigation to determine whether there were any other parties that could be responsible for our clients’ damages. Coast Law Group LLP determined that the driver was a waitress at a local restaurant who had admitted to drinking alcohol on the job before heading out to various bars. Although the bars could not be held liable for serving her, her employer could be if it had knowledge of her alcohol use. Coast Law Group LLP later uncovered evidence that while her employer had a “strict no drinking policy”, employees routinely consumed alcohol while working and the driver herself had been spotted consuming a margarita while on the job. Coast Law Group LLP thus pursued the restaurant under the legal theory that it was partially responsible for causing the accident because it had allowed its employee to become intoxicated while working in violation of its own policies and then to drive home intoxicated. Coast Law Group LLP argued that while the driver was clearly primarily responsible for the collision, the restaurant was 100% responsible for all of our clients’ economic damages under Proposition 51. Instead of leaving this in the hands of a jury, the insurance companies for the restaurant and the driver’s vehicle tendered their $2,300,000 policy limits. The driver likewise was sentenced to a lengthy term in prison for her reckless behavior.
Additional Notes
Families struck by intoxicated motorist during bicycle ride in 2016, resulting in child's leg surgeries and uncle's traumatic brain injury. Firm pursued restaurant employer for negligent supervision. Settlement reached for policy limits.