A car dealership that willingly employed a salesman, with a documented work history of offenses related to alcohol abuse, has been found partly responsible for a wrongful death settlement stemming from a car wreck that claimed the life of a potential customer, as reported by Lancaster Online.
J.J., 48, was killed on December 30, 2010, after agreeing to a test drive with a drunk car salesman. Seriously injured in the crash was J.J.'s son T.J.
Attorney David Kwass said that J.J.'s family will receive a $4.3 million settlement.
M.H. was employed as a salesman at Imports of Lancaster County in East Petersburg. He is currently in prison serving 3 ½ to 14 years for drunk driving in the incident.
P.M., the owner of the car import company, is on the hook for $1.3 million. Part of the sum will come from an insurance policy and $20,000 will come from the dealership. Landyshade Mulch Products will pay the remaining $3 million as one of their truck drivers was linked to the crash.
Kwass said that a Landyshade truck cut off the Mitsubishi piloted by M.H., which caused M.H. to swerve off of the road.
Kwass explained that it was the fact that Imports of Lancaster knew of M.H.'s alcohol problem, but failed to terminate him, is what caused them to be named as negligent in the suit.
During the discovery phase a letter of reprimand showed exactly, and to what extend, M.H. had abused his position by being an alcoholic. The letter, dated December 9, 2010, coincided at the same time with a meeting between M.H. and his employers.
In a letter to the import company Kwass wrote, "A clear picture develops that Imports of Lancaster knew about Mr. (M.H.'s) continued drinking but willfully chose to ignore it for financial gain."
The reprimand letter allegedly listed these specific violations: Coming to work smelling of alcohol. Falling asleep at his desk, at times when customers were present. Leaving work early to "rake his leaves" or "go shopping." Not showing up for work.
The letter specifically stated, "Every employee at Imports of Lancaster County, Inc. has had the unfortunate experience of smelling alcohol (liquor) on (M.H.)"
Kwass further explained, "In my 22 years of practice, I've never seen that kind of letter come in. That's the reason we wanted…" the $22,000 sum.
P.M. testified that the letter "was meant only to put a scare into (M.H.)" and that the part about every employee experiencing the stench of alcohol on M.H. was "untruthful." P.M. said, "It's not all accurate. Some of it is fluffed. Other than knowing he had prior DUIs 10 years ago, no, I did not know he had a problem with alcohol."
In regard to the liability by Landyshade, Kwass said that a private investigator was able to determine, from tire and dirt marks, that the Landyshade truck had cut off the Mitsubishi prior to the accident.
Kwass said, "We wound up with very powerful evidence."
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