Читать книгу Employment Law Update - Jonathan Ingber - Страница 44

An employee for a multinational beverage company was driving a company vehicle in Corpus Christi, Texas, in 2010 and talking on a hands-free headset. The employee thought she had a green turn arrow and turned left, crushing a Ford Fusion being driven by Ms. Chatman-Wilson.

As a result, Ms. Chatman-Wilson suffered permanent nerve damage in her back, had to undergo back surgery, and was unable to return to work. The beverage company maintained that it had a cell phone policy that required drivers to use a hands-free device while driving, which the employee had done. The beverage company also stated that its cell phone policy actually exceeded the state law requirement pertaining to driving and talking on a cell phone.

Ms. Chatman-Wilson's attorneys introduced evidence during trial that demonstrated that even drivers using hands-free cell phones suffer a 37% “cognitive distraction” while engaged in a phone call while driving. Also during trial:

 The employee-driver testified that she was not aware of the serious risks of distracted driving while using a cell phone, and that if she had been made aware of those risks by her employer, she would not have used her phone while driving.

 The beverage company was alleged to have known about the dangers of driving and talking on even a hands-free device, but did not share that with employees — only with the heads of its regional offices.