Wrongful Death
A well-known pizza chain’s delivery driver attempted a sudden left turn from the inside through lane at a major Phoenix intersection with clear visibility. However, she failed to yield to an oncoming motorcycle. Significantly, her vehicle never stopped before making the turn at approximately 21 mph. Her unlawful turn occurred mere minutes before her eight-hour shift was scheduled to end. As a result, she struck the motorcyclist who was two-thirds of the way through the intersection.
The impact ejected the motorcyclist from his bike. Subsequently, first responders pronounced him dead at the scene within nine minutes. Tragically, he died from multiple complex traumatic injuries.
We pursued a wrongful death claim on behalf of the surviving spouse against the pizza chain. Specifically, we asserted theories of vicarious liability based on the driver’s negligence. Additionally, we brought direct claims for negligent hiring, training, and supervision.
Through our investigation and expert retention, we established the driver’s fault. Further, we minimized any comparative fault argument against the motorcyclist. And we built up the damages by demonstrating the surviving spouse’s close and dependent relationship with the decedent. Specifically, we demonstrated the extent of emotional and financial support he provided. During litigation, we secured a substantial settlement for the surviving spouse.
Prior results do not guarantee a similar outcome. Outcomes depend on the facts and law of each case.
