Negligent hiring: New employee takes company truck and causes accident. Defense verdict. Alameda County.

Summary

Employee's criminal past becomes the issue after he takes a company truck after hours and causes an accident.

The Case

Case Name: Coleman v. Mann, et al.
Court and Case Number: Alameda County Superior Court / RG19019607
Date of Verdict or Judgment: Tuesday, November 05, 2024
Date Action was Filed: Monday, May 20, 2019
Type of Case: Negligence
Judge or Arbitrator(s): Hon. Victoria Kolakowski
Plaintiffs:
Shawneen Arniece Deja Coleman
Defendants:
Worldwide Maintenance Services, Inc.
Worldwide Maintenance Repairs
Dominique Sullivan
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: Defense verdict
Trial or Arbitration Time: 10 days
Jury Deliberation Time: 5 1/2 hours
Post Trial Motions & Post-Verdict Settlements: Plaintiff will be filing a motion for new trial.

The Attorneys

Attorney for the Plaintiff:
Harris Personal Injury Lawyers, Inc. by Anthony Kastenek and Evan Spano, Santa Barbara and San Luis Obispo.
Attorney for the Defendant:
Bledsoe, Diestel, Treppa & Crane LLP by James M. Treppa and Holly A. Graves, San Francisco.

The Experts

Plaintiff’s Medical Expert(s):
Harjasleen Walia, M.D., neurology.
Defendant's Medical Expert(s):
Charissa Farris, M.D., orthopedic surgery.

Mark K. Borsody, M.D., neurology.
Defendant's Technical Expert(s):
Lester Rosen, J.D., commercial employment background checking.

Facts and Background

Facts and Background:
Defendant Dominique Sullivan had been working for six weeks as a trash pick up person when he took a company truck and was then involved in a motor vehicle collision occurring on January 19, 2010 near midnight in Oakland.
Plaintiff's Contentions:
Plaintiff alleged negligent entrustment of a vehicle and negligent hiring, retention, training, and/or supervision causes of action against defendants stemming from the accident.

Plaintiff alleged defendants negligently hired an employee (who it was later learned had 10- and 8-year-old felony convictions), without performing due diligence in hiring the employee including failure to run a background check, driving records check, criminal records check, confirm employment history, obtain an employment application, or verify past employment references.

Plaintiff alleged the employee was unfit and incompetent to perform the job for which he was hired because at the time he was hired he lacked a valid California driver's license, had a warrant out for his arrest, had a misdemeanor complaint for possession (meth) pending, was incarcerated for felony probation (hit and run) a year before he was hired, and had two prior felony convictions (hit and run/armed robbery). Due to the company's lack of any due diligence, it had no knowledge of employee's criminal history.

Further, that the company vehicle was negligently entrusted to the employee.
Defendant's Contentions:
Defendants denied liability for the accident, contending that after six weeks of working without any issues, the employee stole the truck, drove off-site, after hours, and in violation of company policy before causing the subject incident.

Further, that the defendant driver/employee was the sole cause of the incident and that his criminal conduct superseded any alleged negligence by employer defendants. Defendants also contended that background checks and DMV checks were not legally required for the position of a trash pick-up person with limited driving responsibility. Further, even if a background check had been run, the felony convictions would not have appeared on the reports as a matter of law.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Traumatic brain injury and cervical pain.

Demands and Offers

Plaintiff §998 Demand: $1,000,000, $350,000, $300,000, and $140,000
Defendant §998 Offer: $25,000

Additional Notes

Per defense counsel: Plaintiff sought only past and future non-economic losses including physical pain, mental suffering, loss of enjoyment of life, physical impairment, inconvenience, anxiety, humiliation, and emotional distress. Past damages sought: $1,353,600; future damages sought: $5,485,600; total damages sought: $6,839,200.

The employee defendant was dismissed from the case prior to the trial.

Per plaintiff's counsel: The employee defendant was not dismissed; he is in default.

While speaking with jurors after the verdict, it was explained to plaintiff's counsel that although the jury found the employee "unfit" for the position of driver, that "unfitness" did not create a risk of harm to the public.