Congratulations to Chris Stouder and J. Alan Warfield

Congratulations to Chris Stouder and J. Alan Warfield on their successful appeal for our client, GameStop, in the case of Horn vs. GameStop.  While walking on the sidewalk, the plaintiff was hit by a car driven by a GameStop employee who spun out of control after hitting a car that, coincidentally, was being driven by another GameStop employee.  The plaintiff suffered the traumatic amputation of one leg and nearly lost the second leg.  Both drivers had just left a meeting held at the GameStop store, and one of them went to the store solely for the purpose of the meeting.

Trial counsel obtained a summary judgment as to the driver who hit the plaintiff, and successfully argued that the court should not consider any evidence regarding the other driver, because he was not named as a defendant, and was not alleged to have acted negligently.  The reason for this anomaly in the complaint is that plaintiff had settled with that driver privately, before filing her lawsuit. The Court of Appeal was inclined to overlook the procedural defects in the complaint, but held that the meeting was not a special errand as a matter of law, and, therefore, the going and coming rule applies to both GameStop employees.

Congratulations on an excellent result!