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Employer held liable for injuries sustained in off-site accident caused by drunken employee

An Ontario jury has held Eaton-Yale Inc. 30 per cent liable for injuries caused in a car accident involving one of its employees. The plaintiff, who was awarded over $1 million, was severely injured when he was struck by Shawn Flynn, 45 minutes after Flynn's night shift ended. At the time of the accident, Flynn had twice the legal limit of alcohol in his bloodstream.

The verdict came despite evidence that no one at the plant knew Flynn had been drinking that night, and that Flynn had not displayed any signs of impairment during the shift. Further, while the court heard that Flynn had a history of alcohol abuse, and that workers routinely drank in the plant parking area, there was also evidence that the employer had sponsored a treatment program for Flynn, and had implemented measures to control on-the-job drinking.

However, the jury apparently found that Eaton-Yale's efforts did not go far enough to prevent Flynn from driving home drunk. Possibly, the verdict was influenced by the fact that Flynn had signed a last-chance agreement with the company, under which he would be terminated if found to be drinking at work.

Eaton-Yale had argued unsuccessfully that it had not supplied the alcohol to Flynn, and that he had admitted to drinking before coming to work that night. Also, it had pointed to the fact that Flynn had gone home and then out again before the accident occurred. This fact, the employer contended, broke the causal connection between its having allowed Flynn to drive home, and the accident.

Eaton-Yale says that it will appeal the verdict. (For more recent developments, see "Ontario Court of Appeal reverses verdict holding employer liable for road accident caused by employee" on our Publications page.)

For further information, please contact J.D. Sharp at (613) 563-7660, Extension 233.