Using Data-Driven Discovery, Patrick D. Tobia Obtains Summary Judgment in Favor of Pharmacy in Personal Injury Matter, Dismissing All Claims Against Pharmacy with Prejudice

Trenk Isabel Siddiqi & Shahdanian partner Patrick D. Tobia and associate Erin Duffin recently obtained a summary judgment in favor of a pharmacy client in a high-exposure personal injury matter. The case arose from an accident in which a pharmacy employee, allegedly delivering prescriptions, struck a pedestrian with his vehicle in a crosswalk. The injured plaintiff sought to impose liability on the pharmacy under a respondeat superior theory – that the employer was liable for the negligent actions of its employees – relying in part on the driver’s assertion that he was acting within the scope of his employment at the time of the incident.

During discovery, Tobia procured objective data obtained through a delivery-tracking mobile application and established that the driver had departed from his assigned route, bypassed scheduled deliveries, and traveled miles away from any work-related location for no identifiable business purpose. “Applying the longstanding ‘frolic and detour’ doctrine – a tort principle tracing back to 19th-century English common law,” Tobia explained, “the Court found that the driver’s actions were a clear and substantial deviation from his employment.”

Furthermore, because the plaintiff only relied on speculation rather than any evidence of a work-related purpose, the Court dismissed all claims against the pharmacy with prejudice. Tobia added, “The decision underscores the decisive role that data-driven discovery can play in resolving disputes.” Associate Erin F. Duffin assisted in the representation of the pharmacy and drafting of the motion papers.