Interesting employee motivation tactic. Would be more jovial if someone hadn't died. The firms involved should be glad this isn't going in front of a jury, I don't think they'd do well.
Both trial and appeals court dismissed the suit for lacking a cause of action because the firms had no duty to their employee when she was going to and from work.
VINCENT CHARLES SALERNO, in his individual capacity, and as Personal Representative of THE ESTATE OF SUSAN M. SALERNO, Appellant,
v.
DEL MAR FINANCIAL SERVICE, LLC; GLADSTONE LAW GROUP, P.A., and SOUTH REGIONAL TRANSPORTATION AUTHORITY, Appellees.
The second amended complaint alleged that the decedent, Susan Salerno, was employed as a paralegal by both Del Mar Financial Service, LLC, a legal documentation support firm, and Gladstone Law Group, a foreclosure law firm (referred to hereafter as the "employers"). The complaint alleged the employers maintained a bar on their premises and encouraged employees to drink alcoholic beverages during the work day to entice them to work additional hours and produce more work product. It alleged that the employers knew, or should have known, that the deceased was addicted to alcohol because she was required to attend AA meetings. On June 19, 2013, the employers served the deceased so many drinks that she became intoxicated and agitated. At that point, other employees escorted her out of the building, but they provided no assistance. She could not reenter the building because her access had been revoked. The deceased began walking in the direction of her home, which was ten miles away. A train employee observed the deceased walking along the railroad tracks where she was struck by an oncoming train.
Both trial and appeals court dismissed the suit for lacking a cause of action because the firms had no duty to their employee when she was going to and from work.
VINCENT CHARLES SALERNO, in his individual capacity, and as Personal Representative of THE ESTATE OF SUSAN M. SALERNO, Appellant,
v.
DEL MAR FINANCIAL SERVICE, LLC; GLADSTONE LAW GROUP, P.A., and SOUTH REGIONAL TRANSPORTATION AUTHORITY, Appellees.