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A $315,000.00
settlement on the eve of trial by Hyde Oldsmobile
Inc., a dealership, in favor of a 27-year-old female
passenger who suffered injuries while riding in a
demonstrator automobile being driven by the employee
finance manager of the auto dealership.
The employee and the plaintiff had met in a bar and
the employee invited the plaintiff to travel with
him in the demonstrator automobile owned by the
dealership to a restaurant for dinner. While driving
the automobile from the restaurant at approximately
midnight, the employee began to drive in a negligent
and reckless manner, wherein the plaintiff twice
requested him to slow the vehicle down, wherein the
employee lost control of the vehicle, causing the
vehicle to leave the highway and to collide with a
tree and a telephone pole.
Plaintiff received four fractures of the pelvis,
resulting in a one-half inch leg shortening.
Approximately nine months after the collision, the
plaintiff suffered from a ruptured diaphragm which
the treating physician testified was a direct result
of the auto accident. Through production of the
dealership employee records, it ws learned that the
employee was on probation at the time of the
accident for a previous vehicular homicide for which
he had recently served time in prison.
Liability was formulated under the theory that the
defendants were negligent trusting their vehicle to
a person that they knew or should have known had a
dangerous propensity for violence and recklessness
with an automobile as evidenced by his prior course
of conduct.
Attorneys: Plaintiff was represented by GTLA member
Robert A. Falanga.
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