Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

Woman sues Jimmy John's after father hit by a delivery driver

When a person is injured in a car or pedestrian accident, a question many people may have is: Was the driver of a vehicle negligent? This is an important question, but in some cases the inquiry may not necessarily stop after assessing that question. There may be another entity (or entities) that may be held liable for negligence. For instance, a product defect with the vehicle or its tires may be implicated in causing a wreck. Similarly, a company who owns the vehicle may have been negligent in some way when a worker crashes the company car.

Each state has its own laws regarding how lawsuits may be brought for personal injury and wrongful death after an accident. New York and New Jersey have rules regarding how these cases may proceed. But, an interesting story from the South highlights how a case against someone other than a driver may arise after an accident.

In August, a man was killed when he was struck by a food delivery driver. The man was walking his dog when an allegedly speeding car took his life. His family has filed a wrongful death lawsuit against Jimmy John’s, claiming that its policy of delivering sandwiches with “freaky fast” speed is to blame for the man’s tragic death, according to the Charleston Gazette.

The man’s daughter says in her lawsuit that the company policy promotes unsafe practices among its delivery drivers. She says that the company should be held liable for encouraging the driver who killed her father to speed in order to comply with the delivery policy.

Source: The Charleston Gazette, “Lawsuit filed in Jimmy John's delivery death,” Kate White, Feb. 20, 2014

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