Tuesday, April 12, 2016

Domino’s Pizza Expected to Appeal $10 Million Jury Award in Wrongful Death Case

Where a person who causes a motor vehicle accident is acting within the course and scope of employment, there is potential for recovery of damages not only against the negligent driver, but also against the employer. While the lawsuit is proceeding through the court system, cash-strapped plaintiffs should consider lawsuit funding.

When a Domino's delivery driver attempted to merge into traffic, Richard Wiederhold swerved to avoid a collision. In doing so, Wiederhold lost control; his car flipped and hit a tree. Richard suffered a spinal cord injury that rendered him a quadriplegic. Yvonne, his then fiancé, escaped with non-life-threatening injuries. The pizza delivery driver was unharmed.

After Richard was released from the hospital, he and Yvonne got married. Yvonne wanted to Richard to know she would be by his side – no matter what. She took care of his daily needs, including feeding him through a tube and bathing him, until Richard passed away 15 months after the accident. The coroner said the cause his death was blood clots related to his paralysis.

The Wiederhold’s initially filed a personal injury lawsuit. Because the case was still pending when Richard died, it was transformed into a wrongful death lawsuit. Five years later a jury has determined that Domino's Pizza was responsible for the actions of its franchisees, including the negligent driving practices of the delivery driver, and awarded $10.1 Million in the wrongful death lawsuit. Although Domino's had previously agreed to pay for Richard's medical expenses, a company spokesperson said Domino’s is petitioning for a new trial because the driver was an employee of an independent franchise owner and did not work for Domino’s Pizza LLC. If a new trial is denied, he said Domino's intends to appeal.

The Wiederhold case is a perfect candidate for lawsuit funding, a financial tool that gives plaintiffs the staying power to wait for a fair settlement. It may be the only financial lifeline to paying life-long medical expenses, funeral expenses, mortgage, and other important bills.

Lawsuit funding requires no application fee, monthly payments, credit check, or employment verification. Best of all, it is a non-recourse cash advance meaning that Wiederhold would only repay the cash advance once she receives the settlement. If there is a new trial or appeal, and if she would lose, the repayment would be waived in its entirety. That is because Lawsuit Financial assumes all the risk.

If you or a family member have been directly affected by an auto accident and struggling financially while awaiting a settlement, call Lawsuit Financial or complete an online application for a free case funding evaluation. After reviewing your application and applicable case documentation from your attorney, if approved, funds are usually available within 24 – 48 hours. With lawsuit funding, there is no reason to struggle financial, risk your credit standing, or settle your case too soon or for too little.

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