Our client and the defendant were both minors at the time of the accident. Our client and the defendant were at an underage nightclub. During the course of the evening, our client and the defendant would periodically go to his car in the parking lot and drink alcohol. Towards the end of the night, our client became extremely intoxicated and passed out. Defendant literally carried our client to the car and put her in the passenger seat without fastening her seat belt In his impaired state, the defendant rolled the car as he attempted to drive home. Because our client was not wearing a seat belt during the rollover, she fractured her wrist.
Basis for Liability
Jorgensen & Salberg convinced the insurance company for the driver that the driver was negligent in both failing to fasten our client’s seat belt once he placed her in the car, and in driving her while he was under the influence of alcohol. The insurance company for the driver eventually offered the driver’s policy limits ($100,000) after a lawsuit was filed and served on the driver.