The medical bills exceeded the available insurance by $1 million, and the pain and suffering claim would be a multiple of the bills. The defense lawyers were at a loss on how to prevent the excess claim. Insufficient funds exist to cover this loss, and the franchise lawyers needed to go to work.
It is a franchise nightmare for everyone involved. The franchised regional restaurant chain encourages franchisees to make deliveries. The delivery person was distracted, ran a red light, and T-boned another car carrying a family. Traveling 35 miles per hour, the delivery person ran right into the driver side, injuring the only wage earner in the family, who was required to retire due to his injuries. Miraculously, the delivery driver was barely injured and accepted responsibility for the tragic accident. Fortunately, the delivery driver had automobile insurance but inadequate coverage. As it turns out, due to a number of unanticipated events, neither the franchisee-employer, nor the franchisor, had insurance for this accident.
The View from the Plaintiff’s Lawyer
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