HOTEL SETTLES IN POST-COMPANY PARTY DRUNK DRIVING FATALITY

 

Irma Yolanda Majewski as Personal Representative for the Estate of Jean C. Majewski vs. Shawnee Miami Beach Resort
11th Circuit, Miami-Dade County, Florida 

 

On September 18, 1988, Jean Claude Majewski was killed when the van he was driving was struck by a pick-up truck driven by Deborah Pressley on Sheridan Street in Hollywood. Deborah Pressley, who was an employee of the Defendant hotel, had a blood alcohol of .18% and was also killed. On behalf of the wife and children Mr. Majewski we alleged that Pressley had gotten drunk at a company picnic and, under orders from her employer, was heading back to the hotel to return the picnic items when the accident occurred. The hotel contended that Mr. Majewski caused the accident or was at least comparatively negligent. The lawyers for the hotel also contended that at the time of the accident Pressley was heading home and was no longer in the course and scope of her employment. The hotel where Pressley worked was eight miles south of where the picnic had been held and the accident occurred seven miles north of the picnic site, one mile from her home.

 

On the eve of trial, the court denied the hotel’s motion to strike our punitive damage claim and granted our motion for leave to take discovery on the net worth of the hotel. Majewski had been working as a waiter earning approximately $500/week. He also owned a Laundromat where he earned an additional $200/week.

 

• Settlement: $2,500,000 for plaintiff (present value). Immediate payment of $1,250,000.

• In addition, Mrs. Majewski, age 34, will receive $2,000/month for life, guaranteed for 20 years with 3% annual increases and lump sum payments every 5 years for 20 years. Isabelle Majewski, decedent’s 20-year-old daughter, will receive $1,000/month for life, guaranteed for 20 years with 3% annual increases.

• Evelyne Majewski, decedent’s 11-year-old daughter, will receive $325/month for life, guaranteed for 20 years, a college fund payment $25,000 each year for 4 years beginning at age 18 and an additional $1,140/month for life guaranteed for 20 years, beginning when she is 22 years old.

• Jonathan Majewski, decedent’s 4-year-old son, will receive $232/month for life with 3% annual increases, a college fund of $50,000 each year for 4 years beginning when he is 18 years old and $1,600/month for life guaranteed for 20 years, beginning when he is 22 years old.

• Jennifer Majewski, decedent’s 2-year-old daughter, will receive $229/month for life with 3% annual increases, a college fund of $50,000 each year for 4 years beginning when she is 18 years old and $2,000/month for life guaranteed for 20 years, beginning when she is 22 years old.