This accident was caused when a fatigued driver with sleep apnea who had just left work fell asleep behind the wheel and hit Ms. Beemer head-on. The employer, Life Like, tried to deny responsibility because the driver was not on the clock. The company could not produce the employee’s punch list from a new computerized payroll system.
After meeting with the software manufacturer in Florida, we hired an expert who refuted the explanation from the Life Like representative as to how the punches from the week of the accident were lost. Under Texas law, if an employee is on the way home, the employer has no vicarious liability.
Auto Accident Case Results:
Kimberly Kay Beemer: Minor client only
Attorneys’ Fees: $133,333.33
Minor Client received: $255,366.46