Caso · sept 2015 · West Virginia, United States
Court overturns $2 million verdict against convenience store chain: no duty to stop a new hire seen nodding off at work from driving home
A convenience store chain employee on her third day was seen dozing off twice during training videos and nodding off while changing trash bags, said she was just tired, agreed to work an extra hour, then drove off and crossed the center line, killing a motorcyclist. She tested positive for amphetamine, benzodiazepine and buprenorphine and pleaded guilty to driving under the influence causing death. Juries put 30% of the fault on the chain, which was ordered to pay $2,043,792.82, but the Supreme Court of Appeals of West Virginia reversed: letting her work and drive was not affirmative conduct creating an unreasonable risk, so the chain owed no duty to stop her driving, and the estate pointed to no evidence that fatigue caused or contributed to the crash.
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