Gregory Glasser and Mario Gomez obtained Summary Judgment in a wrongful death case where the firm represented a Home Health Aide company. On the morning of the tragic incident, the daughter of the man for whom our client was providing services asked our home health aide to drive the father to an event. It was claimed that our aide agreed to do the driving. The father chose to drive, with the aide as a passenger. The two were involved in a motor vehicle accident which resulted in the father’s death.
The two surviving daughters brought multiple claims against the home health aide and her employer. A counterclaim against the Plaintiffs was filed asserting the enforceability of an exculpatory provision and a hold-harmless agreement. The trial court granted our Motion for Summary Judgment, finding that our clients owed no duty to prevent the father from driving his car, and that our clients’ counterclaims for the exculpatory and hold harmless provisions were valid.
The Estate appealed the Trial Court’s decision to the Fourth District Court of Appeal. On appeal, the Estate argued that the trial court erroneously granted the motion for summary judgment because the Health Aide company owed a duty to the decedent to not allow him to drive. The Estate also argued that the decedent was not competent to enter into contracts for home health services, and that the decedent’s family was a party to any contracts that were entered and therefore, could not direct his care. Following oral argument, the Fourth District Court of Appeal entered a Per Curiam Affirmance.
The Home Health Aide company is currently pursuing recovery of attorneys’ fees and costs based upon our counterclaim and strategic Proposals for Settlement served early in the case.