Car loses control, crosses centerline: Driving without a license: Vicarious liability: Multiple fractures: Settlement

Law Reporter, Apr 2004

Doe v. Roe, Mass., Middlesex County Super. Ct., confidential docket no., Dec. 2003.

Doe, 36, was driving around a curve on a road when a car traveling in the opposite direction crossed the centerline and struck Doe's vehicle head-on. The driver of the other car was reportedly on an errand for his employer at the time of the incident.

Doe suffered multiple skull and facial fractures and lacerations. His past medical expenses totaled approximately $55,000. Doe, who had been a school recreation director earning about $30,000 annually, has been unemployed since the incident.

Doe sued the other driver's employer, alleging it was vicariously liable for the driver's recklessness. The driver was allegedly driving without a valid license at the time of the incident.

The parties settled following mediation for approximately $1.02 million, $100,000 of which was used to purchase a structured settlement for plaintiff's minor daughter. Under the structure, she will receive about $60,000 quarterly beginning at age 18.

Plaintiff's Counsel

* Eric J. Parker,

*Susan M. Bourque, and

Marcie B. Bricault, all of Boston, Mass.