REPORT FROM COUNSEL

SPRING 2005 ISSUE



SON'S CAR ACCIDENT MAY COST PARENTS THE FAMILY BUSINESS

By Michael T. O'Neil, Esq.

As you may have read in recent newspaper articles, Massachusetts State Trooper Ellen Engelhardt was left with severe brain damage when an admittedly intoxicated William Senne (20 years old from Wayland, Massachusetts) crashed into Trooper Engelhardt's parked cruiser at 90 mph. Irrespective of obvious moral and criminal issues, there is an issue as to who is civilly liable for the personal injury to Trooper Engelhardt. The car was registered to Quisett Properties, Inc., Senne's Father's company. The Attorney representing Engelhardt has filed a $6.2 million lawsuit naming Quisett Properties, Inc. as a defendant. The Company's liability insurance carrier will likely deny coverage due to the fact that Senne was not involved with the Company and was not acting on behalf of the Company when the accident occurred (which, in addition to potentially putting the Company on the hook for defense costs and damages, it might also create additional grounds for personal liability against the parents). Do not let this happen to your business. Although registering a Company car for your kids might be cheaper in the short run, it may come at a high price if an accident occurs. If this is an issue in your Company there are some options to consider and you should call Michael T. O'Neil, Esq to discuss the best course of action in your individual case.