Rai Fink Ebner attorney Tom Duer successfully represented a corporate client in a wrongful death lawsuit arising from a tragic accident. After an evening staff meeting had concluded and employees were leaving for the day, an employee was injured after riding on the running boards of a coworker’s truck in the clinic’s parking lot. She passed away from her injuries six days later. Her mother sued, alleging the client was vicariously liable, but Duer obtained summary judgment in the trial court by arguing the incident fell outside the scope of employment. Applying established employment law principles, the Arizona Court of Appeals affirmed that decision.
Davis v. Casida, No. 1 CA-CV 22-0306, 2023 WL 2250426 (Ariz. Ct. App. Feb. 28, 2023)
