Our client, a young woman in her 20’s, went with her friend to pick up a motorized scooter from the retailer who sold it. The friend asked the salesman for some operating instructions. The salesman pointed to a store employee saying he was the expert on scooters. This employee was off duty at the time, and was only in the store to pick up his paycheck. However, he agreed to instruct them and he put the new scooter in his truck along with his scooter. He said that there was a nearby parking lot where she could practice. On the way there, he suggested that they stop for some food. They picked up a pizza, a six pack of beer and a half pint of Jameson’s whiskey. The three of them ate and drank and the off-duty employee taught the friend how to ride the scooter. Afterward, he offered to instruct our client, who declined. She had already drank two beers. He insisted that she try, and when she did, she crashed, breaking her jaw. The store’s insurance company argued that they had no liability because the employee was off duty and because our client was intoxicated. The case went to arbitration and the arbitrator found that even though the employee was off duty, the store was legally responsible for his actions because the salesman who sold the scooter recommended him to give the lesson. As for our client’s intoxication, we argued that, just as Mr. Miyagi said in “The Karate Kid”: “No such thing bad student. Only bad teacher. Teacher say. Student do.” Our client never anticipated riding the scooter, she was only having some beer with her pizza. The off duty employee, the teacher, was the one who suggested it. The arbitrator agreed with our position and awarded $90,000.00. Visit our car accident page to get in touch.