The estate of a person who sustained fatal injuries in an auto accident has been awarded more than $4.7 million in a lawsuit against the other driver and two companies that, the estate alleged, employed the driver.
Facts & Allegations
Walter Blockmon III sustained fatal injuries in an auto collision when another vehicle rear-ended him at a high rate of speed.
A responding Illinois state trooper wrote a reconstruction report that determined that the other driver, Jakobi McClellan, had been traveling between 67 and 80 m.p.h. at impact. According to the report, Mr. McClellan told responding police officers that he had been looking at his phone's GPS system because he was late for a sales appointment and did not know where he was going. He also told officers that he took his eyes off of the road for only a number of seconds and looked up moments before impact.
Mr. Blockmon's estate filed a wrongful death suit against Mr. McClellan and two corporate entities, Cutco Corp., and its subsidiary, Vector Marketing Corp., which owned the vehicle that Mr. McClellan was driving.
The estate alleged that Mr. McClellan had been negligent and that he had been acting as an agent of Cutco and Vector Marketing at the time of the accident. The estate further claimed that the companies had failed to properly train Mr. McClellan in safe vehicle operation and were vicariously liable for his actions.
Specifically, the estate's counsel contended that Mr. McClellan had failed to keep a proper lookout and had been driving at an excessive rate of speed given the road conditions and his unfamiliarity with the area.
Counsel noted that although Mr. McClellan's contract with the companies referred to him as an independent contractor, Cutco and Vector Marketing had the right to control Mr. McClellan's actions at the time of the accident. Moreover, according to counsel, Mr. McClellan had a training manual with the companies' logo on the front page that provided instructions on how to perform his job duties under his contract.
Counsel for Cutco and Vector Marketing denied that Mr. McClellan had been acting as an agent and asserted that he had been hired as an independent contractor. Counsel entered into evidence a copy of a sales representation agreement signed by Mr. McClellan that stated that he was “engaged as an independent contractor” and counsel said that he had been treated as such during the scope of his duties.
The companies further maintained that a 1099 tax form from Vector Marketing demonstrated that Mr. McClellan was not an agent but was a self-employed, independent contractor. Counsel claimed the training manual simply had been shared with Mr. McClellan by another self-employed sales representative at Vector Marketing.
Mr. McClellan admitted liability for his role in the accident.
Result
The jury found against the defendants and awarded Mr. Blockmon's estate damages of $4,768,351.
Allstate Insurance Companies tendered Mr. McClellan's $100,000 policy. Vector Marketing Corp. and Cutco Corp.'s $11 million insurance policy, issued by the Hanover Insurance Company, covered the remainder of the damages verdict.
The case is Blockmon v. Vector Marketing Corp., No. 14-L-8538 (Ill. Cook Cty. Cir.Ct. Jan. 26, 2017). Attorneys involved include: Robert J. Napleton; Motherway & Napleton, LLP; Chicago, IL, for Lanisha Blockmon, Estate of Walter Blockmon III; Brion W. Doherty; Motherway & Napleton, LLP; Chicago, IL, for Lanisha Blockmon, Estate of Walter Blockmon III; Michael J. Ripes; Ripes, Nelson, Baggot & Kalobratsos, P.C.; Chicago, IL, for Jakobi McClellan; Ronald R. Aeschliman; Law Offices of Loretta M. Griffin; Chicago, IL, for Cutco Corp., Vector Marketing Corp.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's counsel and defense counsel for Mr. McClellan. Counsel for Vector Marketing Corp. and Cutco Corp. did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].