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John Doe v. Black Corp.


Resolution Date:
August 2003
Practice Areas:
Motor Vehicle Accidents, Head and Spinal Cord Injuries, Corporate Fraud
Synopsis:
Late at night on November 19, 2000, a Toyota Camry traveling at 90 miles per hour on U.S. 101, north of San Francisco International Airport, hit another car. The Camry spun out of control and crashed into a concrete support column. The 21-year-old driver, John Smith, was driving without a license, drunk, and high on cocaine. The impact killed John Smith. His 20 year-old passenger John Doe suffered numerous fractures and traumatic brain injury. Smith was an employee of Black Corporation a car sales, repair, and rental business. A co-worker at Black Corporation rented the car to Smith. Black Corporation provided employees with cars in violation of the California Vehicle Code. Black Corporation repeatedly rented cars to John Smith even though he was under the age of 25. The Black Corporation rental-managing agent conspired with John Smith to have his mother rent the car under her name. The managing agent stated that she only had to come down the first time, and that Smith could rent the car using his mother's information after that. The California Vehicle Code requires a rental company to confirm that the person that they are renting to possesses a valid driver's license. Had Black Corporation done so, they would have learned that Smith's license was suspended. Black Corporation was also aware that Smith had a history of drug and alcohol abuse and reckless operation of cars. He was caught smoking marijuana at work and the general manager of Black Corporation observed John Smith and his friends doing drugs at an office party. Smith had also previously damaged a Black Corporation rental car. John Doe's injuries were so extensive that he will require 24-hour attendant care for the rest of his life and will never work again. The matter settled before trial.
Attorneys:
Cynthia McGuinn
William Veen
Miles Cooper
Resolution:
$5.7 Million

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