On the night of the annual football game between Alabama and Auburn in 2009, Cedric and Kedric Ballard were riding on a city street with their cousin, Daniel Brannon, in a Chevrolet Cavalier. They stopped for a red light and a van being driven by Curtis Lee Davis Jr., an employee of Carpet Care, violently collided with the rear of the Brannon vehicle. Davis was under the influence of alcohol at the time of the wreck and has subsequently been charged with murder and aggravated battery. Daniel Brannon was killed in the crash. His two passengers, and kin, only received minor injuries.
Carpet Care took the position that Davis was not their agent and was not working in the scope of his employment at the time. As a result, the employer argued that it should not be responsible for the crash. The case was settled for the liability insurance policy limits on the eve of trial. LaBarron Boone, a lawyer in our firm’s personal injury section, handled the case and did a very good job for the Brannon family.
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