Establishing a franchisor's right of control over a franchisee is crucial to proving vicarious liability in a personal injury case. And at trial over a retired fire chief’s fatal crash with a Domino’s Pizza delivery driver, Mark Avera adeptly countered a defense argument on the purpose behind the pizza giant's franchise restrictions to prove that right of control and win a 7-figure verdict.
Joseph Wilson, of JL Wilson Trial Law, contends Loomis Armored delayed in admitting responsibility for the armored truck crash that fractured Kirche Hall's arm.
This is part of CVN's Trial Stories, spotlighting top lawyers and their standout trials.
“This is a case about a young woman who has a caregiver’s heart, but no longer has a caregiver’s future,” Joseph Wilson told jurors as trial opened over the armored truck crash that shattered a Georgia woman’s arm.
It was a theme intended to resonate with jurors as they saw Kirche Hall, whose injury ended her career as a certified nursing assistant. But it also set up a larger contrast Wilson framed for the jury: the empathetic caregiver v. the evasive corporation. And that approach secured a $584,000 verdict in the type of case — because Hall had largely recovered from her injury — that carried the possibility of a much lower award.