Charles Edward Washington vs. ADT Commercial, LLC, et al.; Pulaski County Circuit Court, State of Arkansas; Case No. 60CV-20-2159
Dan Gendreau and Eric Holman won summary judgment for ADT in a case where plaintiff sustained very serious orthopedic injuries to his lower extremities when an ADT employee struck him with his car in a job-site parking lot, and pinned him between the front of his vehicle and the rear bumper of plaintiff’s pick up truck. The ADT driver passed away shortly after suit was filed, and was not available to testify. ADT argued that the driver was not within the course and scope of his employment at the time of the accident, because all evidence and witness testimony showed the driver was on his personal lunch break when the accident occurred, and had not conducted any activity in furtherance of the company’s interests during his break.