When I began watching this video and attorney David Allen said that the court decided for the family of the deceased Papa John’s driver, I felt that was right. The United States Court of Appeals for the 8th Circuit however, overturned the lower court’s decision.
The 8th Circuit’s decision introduces the case as follows:
“This case arises out of the untimely death of Adam Fetzer, a delivery driver for the Papa John’s restaurant chain who was killed in a car accident on April 28, 2012. Fetzer was driving during the course of his employment in Bismarck, North Dakota, when another driver ran a red light and struck his vehicle.”
Papa John’s policy that covers accidents is written out of Kentucky. Kentucky law does not require under insured coverage. Adam Fetzer delivered pizzas for Papa John’s in North Dakota. Adam was 26-years old. Robert Harrington, the man who struck Adam’s vehicle, had a policy that covered liability up to the amount of $25K. Adam died as a result of the accident. Adam’s family filed a claim with Papa John’s insurance company for $100K.
David Allen explains the case.
People who sincerely want to work and take jobs as delivery drivers don’t often look at the fine print, or think that the worst will ever happen to them. Then the worst happens, and their families are faced with costs along with their grief of losing a loved one.
Adam’s obituary says that he attended Bismarck State College and Dickinson State University, where he earned his bachelor’s degree in computer science. He was working at Sykes and Papa John’s Pizza in Bismarck. He loved his grandma’s soup. Read the rest of this entry