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Businesses face extreme liability when employees drive distracted

GasBuddy Blog -- Earlier this year a Corpus Christi jury awarded $24 million to a woman struck in 2010 by a Coca-Cola driver who was using a cellphone. Vanice Chatman-Wilson, 37, was awarded $10 million in punitive damages and $14 million in actual damages.

Chatman-Wilson was left with severe pain in her neck, lower back, upper back and in February 2011 she had lumbar surgery, said Thomas J. Henry, one of her attorneys.

Bob Hilliard, Chatman-Wilson’s other attorney, said Coca-Cola had no enforcement of a cellphone policy. “Not only does Coke need to change it, but when other companies hear the verdict they will take a look at their policies,” he said.

But will they? We certainly hope so. Coca-Cola’s cellphone policy requires...

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Submitted Sep 26, 2012 By: PD

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garywa01 Sophomore Author Alberta Posts:130 Points:381,415 Joined:Jan 2012	Message Posted: Oct 2, 2012 5:57:44 AM Ignore garywa01 Report Abuse yes
honda0105 Champion Author Tallahassee Posts:18,643 Points:1,611,470 Joined:Nov 2008	Message Posted: Sep 30, 2012 5:45:57 AM Ignore honda0105 Report Abuse too bad it's such prevalent thing to have everyone text and talk and do everything else in the car BUT drive. Maybe it's time to have robo-car "drivers"?
jeffbone Champion Author Virginia Posts:1,366 Points:401,810 Joined:Mar 2011	Message Posted: Sep 28, 2012 5:53:07 AM Ignore jeffbone Report Abuse "Not Newsworthy"
remay Champion Author Houston Posts:6,973 Points:2,119,340 Joined:May 2006	Message Posted: Sep 28, 2012 3:49:58 AM Ignore remay Report Abuse Individuals should be judged EQUALLY...
PurplepassionNC All-Star Author North Carolina Posts:838 Points:157,310 Joined:Mar 2012	Message Posted: Sep 27, 2012 6:12:12 PM Ignore PurplepassionNC Report Abuse Very true. So very serious for all of us to be on the look out for distracted driver.
RitaVespa Champion Author Oregon Posts:2,986 Points:793,235 Joined:Jan 2011	Message Posted: Sep 27, 2012 4:46:46 PM Ignore RitaVespa Report Abuse Seriously?!? The driver didn't know how dangerous it was? Whatever
GatorGuy Champion Author Columbia Posts:2,233 Points:1,208,970 Joined:Jan 2009	Message Posted: Sep 27, 2012 1:12:48 PM Ignore GatorGuy Report Abuse The driver testified: "if she knew about the risks she never would have used a cellphone while driving,..." Wow, really? c'mon
indyjim Champion Author Indianapolis Posts:10,106 Points:2,321,380 Joined:Jul 2006	Message Posted: Sep 27, 2012 11:57:34 AM Ignore indyjim Report Abuse Until devices are developed which prevent cell phone use when vehicles are in gear, accidents will continue.
nokaoi2009 Veteran Author Honolulu Posts:427 Points:1,151,050 Joined:Jul 2009	Message Posted: Sep 27, 2012 11:56:37 AM Ignore nokaoi2009 Report Abuse I would make it a policy to not use cell phones at all while driving, not even with a hands-free device. The distraction is not worth getting into an accident, especially with a large truck. A vehicle is a hurtling mass of metal that can become deadly in a matter of seconds.
sparky808 Champion Author Honolulu Posts:3,008 Points:599,685 Joined:Sep 2011	Message Posted: Sep 27, 2012 10:23:59 AM Ignore sparky808 Report Abuse old post.
crusty1 All-Star Author Chicago Posts:659 Points:412,755 Joined:Oct 2008	Message Posted: Sep 27, 2012 9:52:47 AM Ignore crusty1 Report Abuse Another display of what an inexperienced driver behind the wheel of a truck can do. 30 years old female. What 30 year old female isn't on the phone while driving? Even pulling out of her own driveway.
Catfish93001 Champion Author Ventura Posts:1,200 Points:247,955 Joined:Jun 2008	Message Posted: Sep 27, 2012 9:47:31 AM Ignore Catfish93001 Report Abuse Sure, it's deep pockets, but that woman's life is forever changed, she deserves compensation.
19sheldon43 Champion Author Los Angeles Posts:3,979 Points:843,010 Joined:Jul 2009	Message Posted: Sep 27, 2012 9:39:48 AM Ignore 19sheldon43 Report Abuse Personally I don't necessarily feel the company is always responsible for the actions of their employee. But then its the "deep pocket" syndrome, you have to follow the big money
cupboy Champion Author Salt Lake City Posts:2,788 Points:1,123,825 Joined:Nov 2005	Message Posted: Sep 27, 2012 9:34:02 AM Ignore cupboy Report Abuse I would have liked to have been on this jury. I would find it interesting to study the jurors.
Wood_Chopper All-Star Author South Carolina Posts:721 Points:1,173,895 Joined:Oct 2004	Message Posted: Sep 27, 2012 9:32:28 AM Ignore Wood_Chopper Report Abuse What was this jury smoking? How many jobs will Coca-Cola cut back to pay for this? Who do you think pays for this excess? We do. The only ones who get rich off the accident is the sleazy lawyers.
ForeignBody All-Star Author Georgia Posts:519 Points:429,790 Joined:May 2011	Message Posted: Sep 27, 2012 9:32:15 AM Ignore ForeignBody Report Abuse When will everyone understand that using any phone when driving is dangerous.
cupboy Champion Author Salt Lake City Posts:2,788 Points:1,123,825 Joined:Nov 2005	Message Posted: Sep 27, 2012 9:30:34 AM Ignore cupboy Report Abuse What law is that? [Edited by: cupboy at 9/27/2012 12:31:45 PM EST]
gbs1 Champion Author Minnesota Posts:2,011 Points:744,550 Joined:Mar 2011	Message Posted: Sep 27, 2012 9:29:03 AM Ignore gbs1 Report Abuse This is the reason there is the law regarding commercial truck drivers and cellphone use.
frdhbrd All-Star Author Calgary Posts:567 Points:669,075 Joined:Jul 2008	Message Posted: Sep 27, 2012 9:28:31 AM Ignore frdhbrd Report Abuse "Araceli Vanessa-Cabral, 30, the driver of the truck, testified that if she knew about the risks she never would have used a cellphone while driving, Henry said." She is either lying or completely ignorant.
teebone1234 Champion Author San Francisco Posts:1,707 Points:349,050 Joined:Apr 2012	Message Posted: Sep 27, 2012 9:27:31 AM Ignore teebone1234 Report Abuse okay
GasSpy007 Champion Author New York City Posts:1,827 Points:489,300 Joined:Nov 2011	Message Posted: Sep 27, 2012 9:26:01 AM Ignore GasSpy007 Report Abuse About time.. pay attention..
99church Champion Author Indiana Posts:1,826 Points:363,015 Joined:Oct 2011	Message Posted: Sep 27, 2012 9:24:31 AM Ignore 99church Report Abuse well said sivart
bullfrog69 Champion Author Texas Posts:2,304 Points:835,010 Joined:Nov 2009	Message Posted: Sep 27, 2012 9:24:27 AM Ignore bullfrog69 Report Abuse Coca Cola China owned now! Get a rope!
wang91554 Champion Author San Jose Posts:3,180 Points:1,203,755 Joined:May 2009	Message Posted: Sep 27, 2012 9:24:18 AM Ignore wang91554 Report Abuse i'd say so
ItsMorph Champion Author Grand Rapids Posts:33,443 Points:3,187,130 Joined:Mar 2004	Message Posted: Sep 27, 2012 9:22:55 AM Ignore ItsMorph Report Abuse Sad that a company can't be proactive about safety. The drivers make dozens of stops per day, usually not far from each other. Why can't they just check in with base at each stop?
nskmda Champion Author Grand Rapids Posts:1,295 Points:788,505 Joined:May 2007	Message Posted: Sep 27, 2012 9:22:06 AM Ignore nskmda Report Abuse it's not about companies. just push a law allowing for a XXX-thousand fines for this. it will stop if you stimulate officers to ticket such drivers (with a fraction of the ticket price).
Holly123 Champion Author Charlotte Posts:3,207 Points:791,935 Joined:Dec 2010	Message Posted: Sep 27, 2012 9:21:49 AM Ignore Holly123 Report Abuse Bet she switched to Pepsi!
tobasco Champion Author Los Angeles Posts:7,351 Points:2,110,810 Joined:Mar 2004	Message Posted: Sep 27, 2012 9:19:12 AM Ignore tobasco Report Abuse Maybe if the laws were actually enforced...
jodybull All-Star Author El Paso Posts:767 Points:140,880 Joined:May 2012	Message Posted: Sep 27, 2012 9:18:30 AM Ignore jodybull Report Abuse Coke prices will surely go up!
pper Champion Author Grand Rapids Posts:3,094 Points:671,820 Joined:May 2011	Message Posted: Sep 27, 2012 9:18:19 AM Ignore pper Report Abuse We pay for the greed of others.
jpj23 Champion Author Los Angeles Posts:5,715 Points:1,100,675 Joined:Jul 2008	Message Posted: Sep 27, 2012 9:18:00 AM Ignore jpj23 Report Abuse I like the idea of awarding punitive damages to companies that don't enforce the no-cellphone or no-texting policies. In California there was a head-on collision between a passenger and freight train a couple years ago that resulted in dozens dead. The passenger train driver was texting and missed the red signals. Install cellphone jammers on the trucks and trains if you have to.
Blazer197 Champion Author New Haven Posts:3,240 Points:615,150 Joined:Feb 2009	Message Posted: Sep 27, 2012 9:18:00 AM Ignore Blazer197 Report Abuse Things go better with Coca Cola.
snakebitef22 Veteran Author Corpus Christi Posts:447 Points:31,520 Joined:Mar 2009	Message Posted: Sep 27, 2012 9:16:49 AM Ignore snakebitef22 Report Abuse We are the only looser in this we pay higher insurance premiums to pay for that law suit....
NorthglennBill Champion Author Denver Posts:7,432 Points:1,473,895 Joined:Oct 2008	Message Posted: Sep 27, 2012 9:16:38 AM Ignore NorthglennBill Report Abuse Cell phones are even more dangerous when the operator is driving a LARGE vehicle - but then I see cops driving around in their police cars talking on their cell phones all the time.
rjd1608 Champion Author Toledo Posts:5,371 Points:1,931,955 Joined:Aug 2003	Message Posted: Sep 27, 2012 9:15:07 AM Ignore rjd1608 Report Abuse ok
Sapper08 Champion Author Indianapolis Posts:1,074 Points:322,250 Joined:Mar 2012	Message Posted: Sep 27, 2012 9:13:56 AM Ignore Sapper08 Report Abuse Severe pain? 24 million?
smoketown Champion Author Cincinnati Posts:6,241 Points:1,383,825 Joined:Feb 2008	Message Posted: Sep 27, 2012 9:12:17 AM Ignore smoketown Report Abuse WOW......
Lologogo Champion Author Twin Cities Posts:1,314 Points:356,390 Joined:Sep 2011	Message Posted: Sep 27, 2012 9:11:09 AM Ignore Lologogo Report Abuse People sue way too much & lawyers are the ones benefiting the most
SpankyMI Champion Author Kalamazoo Posts:2,718 Points:761,230 Joined:Jan 2011	Message Posted: Sep 27, 2012 9:10:57 AM Ignore SpankyMI Report Abuse Yes, another way to hit the lotto.
methaneman Champion Author Minnesota Posts:2,610 Points:1,285,325 Joined:May 2002	Message Posted: Sep 27, 2012 9:10:22 AM Ignore methaneman Report Abuse One way to get the message accoss!
JagXKR Champion Author British Columbia Posts:3,169 Points:1,093,330 Joined:Dec 2009	Message Posted: Sep 27, 2012 9:07:32 AM Ignore JagXKR Report Abuse Negligence needs to be punished.
mconley1967 All-Star Author Louisville Posts:586 Points:360,980 Joined:Mar 2012	Message Posted: Sep 27, 2012 9:07:19 AM Ignore mconley1967 Report Abuse ok
btcscoc1 All-Star Author Los Angeles Posts:930 Points:229,535 Joined:Aug 2012	Message Posted: Sep 27, 2012 9:07:00 AM Ignore btcscoc1 Report Abuse ok
Insuremn Champion Author Twin Cities Posts:4,962 Points:1,032,210 Joined:May 2010	Message Posted: Sep 27, 2012 9:06:36 AM Ignore Insuremn Report Abuse Coca-Cola will appeal this.
kuma2000 Champion Author Honolulu Posts:3,228 Points:675,125 Joined:Jun 2011	Message Posted: Sep 27, 2012 9:01:49 AM Ignore kuma2000 Report Abuse bust 'em
tarheelcoastie Champion Author Greensboro Posts:5,206 Points:1,113,105 Joined:Jan 2009	Message Posted: Sep 27, 2012 9:00:56 AM Ignore tarheelcoastie Report Abuse yep
GManCo Champion Author Colorado Springs Posts:5,006 Points:953,540 Joined:Sep 2010	Message Posted: Sep 27, 2012 9:00:02 AM Ignore GManCo Report Abuse All drivers face liability when driving distracted.
jimdot Rookie Author Twin Cities Posts:33 Points:88,035 Joined:Apr 2005	Message Posted: Sep 27, 2012 8:59:46 AM Ignore jimdot Report Abuse And the price of Coke goes up. But it's still cheaper to drink than drive !
sivart Champion Author Arkansas Posts:18,238 Points:3,072,910 Joined:May 2004	Message Posted: Sep 27, 2012 8:59:37 AM Ignore sivart Report Abuse Should be against the law to use cell phones in any manner except when stopped or hands-free!!!
flydudemi All-Star Author Detroit Posts:583 Points:576,650 Joined:May 2011	Message Posted: Sep 27, 2012 8:57:54 AM Ignore flydudemi Report Abuse coke yea