Top Workplace Negligence Judgments
Even with the proper preventive measures in place, an unpredictable workplace negligence event can impact your business and bottom line. Travelers can help you prepare and protect your business from risks and large-scale losses, like these that topped the National Law Journal's Top 100 Verdicts.1
Improper supervision led to assault
$1 Billion verdict
While attending a party at an apartment complex, a 14-year-old girl was attacked and assaulted by a security guard at the facility. In subsequent litigation against the guard's employer, Crime Prevention Agency (CPA), plaintiff's counsel asserted that the firm knew of the guard's past improper behavior against guests and tenants and hired him even though he was not licensed to be an armed guard. Additionally, counsel argued that CPA "ignored circumstances that any reasonable person would interpret as leading to the injury."
The court determined that CPA was liable via summary judgment and the case was tried on the issue of damages. CPA did not appear at trial and was not represented by counsel.
Hotel liable for assault on a sleeping guest
$177 Million verdict
A hotel guest claimed she was sexually assaulted by a hotel security officer who was sent to complete a welfare check. The victim’s counsel argued that the hotel violated its own policies regarding welfare checks as well as its own hiring policies by failing to verify the man’s employment history and neglecting to follow the required "higher scrutiny" for security officer positions, as the security officer had a prior record of assault charges. The jury found the hotel negligent and awarded the plaintiff $177,000,000.
Crash exposes negligent hiring practices
$141 Million verdict
A jury awarded over $141.5 million to three people injured in a rear-end crash caused by a logging truck traveling 67 mph in a 45-mph zone. The truck slammed into a line of stopped cars, injuring a man, his 5-year-old niece and another driver in the next vehicle. The plaintiffs argued that the truck driver's employer was negligent in hiring him due to his careless driving history. The jury found both the driver and the company president equally liable, awarding $125 million in punitive damages along with medical expenses.
Employer negligent in drunk driving crash
$83 Million verdict
A couple experienced severe injuries in a collision when an unlicensed, intoxicated employee of a tree service company crossed a double yellow line while driving his employer's vehicle. The couple was awarded more than $83.8 million. The jury found the employer 75 percent liable for negligent hiring and for allowing the worker to drive, despite knowing about his history of alcohol abuse and lack of a valid license. The employee was liable for the remaining amount. The verdict included $49 million in punitive damages, as well as compensation for medical costs, pain and suffering, and property damage.
Alcohol service led to fatal car crash
$27 Million verdict
After being served alcohol at a local nightclub, a 20-year-old caused a motor vehicle accident resulting in the death of one person and injuries to two others in another vehicle. The husband of the deceased and father of one of the injured parties, as well as the other injured individual, filed suit against the establishment that served the 20-year-old, alleging failure to check her ID and continuing to serve her despite clear intoxication.
After a failure to file a response by the defendant, the case proceeded to a damages-only trial. The jury awarded damages for each party in the vehicle as well as funeral expenses and pain and suffering for the deceased.
Falling pipe fatally injured worker
$21 Million verdict
A 1,000-pound pipe was knocked loose at a South Texas refinery when a heat exchanger being moved by a crane struck it. The pipe fell and landed on one of the riggers for the move, killing him instantly. His family filed suit against the facility, the crane company and the rigging company, alleging negligence and violation of the operator's safety plan.
Two defendants settled with the family before trial. Plaintiff's counsel alleged that the remaining defendant, B&G Crane Services, was 90% responsible for the incident. B&G denied negligence, arguing that the facility owner and the rigging company oversaw the move. The jury found negligence for all three parties, awarding $44,370,000 in damages. That number was reduced to $20,791,235 post-trial.
This material does not imply that coverage exists for any particular claim or loss under any insurance policy or bond issued by Travelers. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions and any applicable law.
Sources
¹ The National Law Journal’s 2016-2024 editions of the Top 100 verdicts in the United States. The verdicts summarized above do not involve Travelers insureds.