Defense Verdict for Moving Truck Rental Company

We secured a jury defense verdict in a general liability lawsuit brought against our client, a Pennsylvania moving equipment rental company. The plaintiffs were in their car at a McDonald's drive-thru in Delaware when their vehicle was struck by an unattached trailer that had blown from an adjacent parking lot during a storm. The trailer was blown from the parking lot of the adjacent gas station which rented trailers to the public as part of a dealership agreement with a Delaware moving equipment rental company that had the same parent corporation as the client.

Settlement Agreements Upheld in Florida Workers’ Compensation Cases

We successfully argued that a settlement agreement, based upon a binding and enforceable agreement reached via email between the parties, is enforced. The claimant had given her attorney authority to settle, but subsequently changed her mind. Based upon case law, there was unequivocal authority to settle and it was too late for the claimant to negate the agreement previously reached. The judge of compensation claims agreed and upheld the settlement.

Although claimant cannot be working with a concurrent employer on date of work injury with another employer, the relationship with the concurrent employer was sufficiently intact that concurrent wages must be included in calculating average weekly wage.

The claimant sustained an injury on December 29, 2018, while working as a home health aide. The claim was accepted by the employer, and the claimant began receiving benefits at the rate of $468 per week, based on an average weekly wage of $520. What’s Hot in Workers’ Comp, Vol. 28, No.