Employee mobile phone use while driving can cause serious financial and legal problems for employers. Presented by ZoomSafer, this ebook examines 11 major lawsuits brought after employee cell phone use while driving on-the-job caused serious vehicle crashes.

1. 11 Major Lawsuits Involving Employee Distracted Driving
Court Cases Establishing Employer Liability for Employee Mobile Phone
Use While Driving

2. ABOUT THIS EBOOK
Presented by ZoomSafer, this eBook highlights:
• A dozen lawsuits arising from vehicle crashes caused by
employee use of mobile phones while driving which resulted
in serious injury and/or death
• Why employers must promote safe, legal and responsible use
of mobile phones to reduce distracted driving risk and liability
For more information on employer liability, view these distracted
driving resources.
© ZoomSafer 2012. All rights reserved.

3. CASES BY EMPLOYER
• Coca-Cola USA - Beverage Manufacturer
• Dyke Industries - Lumber Wholesalers
• Holmes Transport, Inc. - Long-haul Trucking
• International Paper - Pulp & Paper Manufacturer
• CableOne - Utilities Provider
• Salomon Smith Barney - Brokerage Firm
• State of Hawaii - State Government
• City of Palo Alto, CA - Local Government
• Prince George’s County of Maryland - Local Government
• Cooley Godward - Law Firm
• Beers Skanska - Construction
• + 1 – Employer Unknown
© ZoomSafer 2012. All rights reserved.

4. COCA-COLA USA
BEVERAGE MANUFACTURER
1
Policy Status • Hands-free cell phone use while driving only
Incident Description • In 2010, an employee on a mobile phone call while driving
a company vehicle struck the plaintiff’s vehicle and
seriously injured her
• The employee was using a hands-free device for the call, in
compliance with company policy2
Outcome • Jury awarded $21 million in damages to plaintiff Vanice
Wilson in 2012
© ZoomSafer 2012. All rights reserved. Image via Coca-Cola. 1: KIII TV. 2: Caller.com.

5. DYKE INDUSTRIES
LUMBER WHOLESALERS
Policy Status • Unknown
Incident Description • Employee driving a company-owned truck struck plaintiff’s
vehicle and severely injured her
• Employee first claimed he only used his cell phone after
the crash to call 9-1-1. Cell phone records showed he had
been on a call immediately prior to calling 9-1-1 – i.e. prior
to the crash
Outcome • Record $21 million verdict issued against company in 2001
• Company later settled for $16.1 million
© ZoomSafer 2012. All rights reserved. Image via DykeInd.com

6. HOLMES TRANSPORT, INC.
LONG-HAUL TRUCKING
Policy Status • Unknown
Incident Description • While driving a company truck, an employee caused a multi-
vehicle collision that injured 12 people and killed 3 in 2008
• Employee admitted to failing to notice stopped traffic
because he was distracted by reaching for his cell phone
Outcome • $18 million verdict awarded to plaintiff Mark Tiburzi, who
was injured in crash; over $6 million in damages awarded to
estate of Charles Cason, who was killed in crash; and more
than $700,000 awarded to several other plaintiffs
• Holmes Transport, Inc. folded in 20081
© ZoomSafer 2012. All rights reserved. 1: St. Louis Post-Dispatch

7. INTERNATIONAL PAPER
PULP & PAPER MANUFACTURER
Policy Status • Hands-free cell phone use while driving only1
Incident Description • International Paper employee driving a company sedan
rear-ended another vehicle, a crash which caused the
plaintiff to have her arm amputated
• Employee was using a company-issued cell phone at the
time of the crash
Outcome • International Paper settled with the plaintiff for $5.2
million in 2008
© ZoomSafer 2012. All rights reserved. image via Wikipedia. 1: Larkin Hoffman;

8. CABLEONE
UTILITIES PROVIDER
Policy Status • No policy in place1
Incident Description • In 2010, an employee driving a company service truck
struck a stopped vehicle, killing two and injuring one
• Immediately following the crash, the employee admitted to
having been texting at the time of crash; phone records
showed pattern of cell phone use while driving on-the-job
Outcome • CableOne settled with the plaintiff for a confidential sum
two weeks before trial
© ZoomSafer 2012. All rights reserved. Image via CableOne. 1–Source: Workforce.com

9. SALOMON SMITH BARNEY
BROKERAGE FIRM
Policy Status • Unknown
Incident Description • In 1995, an employee driving and talking on a personal cell
phone struck and killed a 24-year-old motorcyclist
• Plaintiff’s attorney alleged employer was not only vicariously
liable as employee was making “cold calls” at the time of the
crash, but also directly liable for encouraging employees to
make such calls while driving
Outcome • Salomon Smith Barney settled with plaintiff for $500,000 in
1999
© ZoomSafer 2012. All rights reserved. Image via Wikipedia

10. STATE OF HAWAII
STATE GOVERNMENT
Policy Status • Unknown
Incident Description • Hawaii public school teacher, using her cell phone while
driving to work, struck and severely injured a pedestrian in
1996
• Court ruled employee was within scope of employment at
time of crash
Outcome • State of Hawaii held vicariously liable and ordered to pay
20% of $7.5 million in damages
• $1.5 million paid by State of Hawaii following appeal
© ZoomSafer 2012. All rights reserved. Image via Wikipedia

11. CITY OF PALO ALTO, CA
LOCAL GOVERNMENT
Policy Status • Unknown
Incident Description • City worker rear-ended plaintiff at a red light, leaving
plaintiff seriously injured
• Employee was allegedly reaching for his cell phone at the
time of the crash
Outcome • City of Palo Alto settled out of court with plaintiff for $1.5
million
© ZoomSafer 2012. All rights reserved. Image via Wikipedia

12. PRINCE GEORGE’S COUNTY OF MARYLAND
LOCAL GOVERNMENT
Policy Status • Unknown
Incident Description • Off-duty county police officer driving a police cruiser
collided with a college student’s car and killed him in 2007
• AT&T representative testified at trial that county employee
either received or sent a text message immediately before
the crash1
Outcome • $4 million jury verdict issued against Prince George’s
County in 2009
© ZoomSafer 2012. All rights reserved. Image via Wikipedia. 1–Source: DiamondbackOnline.

13. COOLEY GODWARD
LAW FIRM
Policy Status • Unknown
Incident Description • Employee struck and killed a 15-year-old with her car in
2000
• Employee was talking to another lawyer on her mobile
phone at the time of the crash
Outcome • Cooley Godward settled for an undisclosed sum in 2004
• Though crash occurred outside of normal time of
attorney’s employment (10:30pm), court held Cooley
Godward vicariously liable because the phone call was
work-related
© ZoomSafer 2012. All rights reserved. Image via Wikipedia (Cooley LLP formerly Cooley Godward LLP

14. BEERS SKANSKA
CONSTRUCTION
Policy Status • No formal policy in place1
Incident Description • Employee struck plaintiff’s stationary car, injuring plaintiff
• Employee was reaching for a mounted, hands-free
company-issued cell phone to check voicemail at time of
crash
• Company claimed employee was not on the clock at time of
crash, while plaintiff’s attorney argued the company was
liable as the phone was company-provided
Outcome • Beers Skanska settled for $4.75 million, 4 days into the
2004 trial
© ZoomSafer 2012. All rights reserved. Image via Skanska.com (formerly Beers Skanska). 1: The Voice Report.

15. + 1 – EMPLOYER UNKNOWN
Policy Status • Unknown
Incident Description • Sharon King was driving a company-owned Chrysler Pacifica
when she struck and killed two bicyclists in 2007
• Cell phone records and a witness statement indicated that
King had been on a phone call at the time of the crash
Outcome • King’s employer’s insurance carrier settled with the estate
of one bicyclist for $2.5 million in December 2009 and with
the estate of the second bicyclist for $4.9 million in
February 2010
© ZoomSafer 2012. All rights reserved. 1:The Daily Reporter

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http://zoomsafer.com/distracted-
driving-lawsuits-ebook