Family of Torrance Man Killed by DUI Driver Sues Driver’s Employer
The family of a Torrance man who was killed by a driver who was driving under the influence back in 2012 has sued the drunk driver’s employer, reports the Los Angeles Times. The driver, Sherri Wilkins, was recently prosecuted and sentenced to 55-years-to-life in prison for causing the death of the victim, Mr. Phillip Moreno.
At the time of the accident, Wilkins was working as a substance-abuse counselor at a drug rehab center called Twin Town Treatment Center in Torrance. While being interviewed by police right after the crash, she reported that she was “heading home from work,” though the Treatment center “denies she was working at the facility that day.”
As we have already explained on this blog, employers can be held liable for injuries caused by negligent or reckless acts of their employees if their employee’s negligent and reckless acts occurred while the employee was acting “in the scope of employment.” When courts try to determine whether an employee was acting within the “scope of employment,” they weigh a number of factors. For example, what work was the employee hired to do? Considering the employee’s work, are there incidental acts that the employer should expect the employee to be doing? How much flexibility does the employee have in performing his duties?
In this case, the plaintiffs are arguing that the treatment center should have better monitored Wilkins because witnesses claim that during treatment sessions Wilkins often appeared to be under the influence of drugs and alcohol. Therefore the treatment center could have foreseen that Wilkins would drive home from work under the influence, and endanger innocent bystanders. The treatment center is claiming that it had no knowledge of Wilkins’ drug-addiction-relapse, and had “no cause to intrude or challenge her recovery.” The treatment center also claims that according to time-sheet records, Wilkins was “not scheduled and did not work on the day of the fatal accident,” and that the incident occurred “well outside of our business hours.”