Accident-prone worker who hit motorist ends up costing employer

$600,000 settlement

A man’s fifth on-the-job car crash in three years not only injured a motorist, it also ended up costing his employer $600,000.

On Feb. 22, 2005, Mary Lou Russell was traveling west on Homer Adams Parkway, also known as Illinois Route 3, in Alton, Ill. Russell, 53, approached the intersection of Homer Adams Parkway and Seminary Road, intending to turn left onto southbound Seminary Road. The intersection was controlled by a stoplight. The left-turn signal was green, and Russell entered the intersection.

At the same time, Kenneth La Boube was traveling east on Homer Adams Parkway. La Boube was driving a company truck owned by his employer, Cee Kay Supply, on a work-related trip. Although La Boube had a red light as he approached the intersection of Homer Adams Parkway and Seminary Road, he did not stop. Instead, his truck plowed through the intersection and collided with Russell’s car.

As a result of the accident, Russell sustained back, neck, shoulder and knee injuries. She required several surgeries, including an anterior diskectomy, instrumental interbody fusion at C4-5 and C5-6 and two arthroscopic repairs of a tear in her left shoulder. Despite the surgeries, Russell was left with permanent physical limitations. She was unable to return to her job as a law-firm paralegal, she could no longer lift her grandchildren and she could not take her nursing home–bound mother on trips outside the facility where she lived.

On March 17, 2006, Russell filed a personal injury lawsuit against La Boube and Cee Kay Supply. Russell alleged that La Boube was negligent because he was inattentive, drove too fast and failed to stop at a red light. Russell also sued Cee Kay Supply, alleging that the company negligently supervised and retained employee La Boube.

In a deposition, Cee Kay’s president and corporate representative admitted that he had known of La Boube’s previous collisions. Even though company policy limited driving privileges for any driver with an “unsafe driving record,” Cee Kay did not limit La Boube’s driving because the four earlier accidents involved “mostly smaller property damage.”

The case was submitted for mediation on July 20. Without admitting liability, Cee Kay Supply and La Boube agreed to settle with Russell on Aug. 3 for $600,000.

 
Mary L. Russell
v.
Kenneth R. La Boube and Cee Kay Supply, Inc.
Illinois Circuit Court
Third Judicial Circuit
Madison County
MDL No. 06-L-241