Case Result: Overcoming the “Coming and Going Rule” to Secure a $1.15 Million Settlement

Imagine suffering a potentially career-ending injury from a devastating accident, requiring neck and potentially low back surgery, only to be told the responsible party’s $50,000 policy is all you can get. This was the challenging reality facing our client, a manual laborer whose case was stalling with another attorney.

In many cases involving employees, companies hide behind the “Coming and Going Rule” to deny employer liability. They argue the worker was merely commuting to work and not “on the clock,” a tactic designed to block victims from accessing the company’s much larger insurance policy.

This is the story of how Kohan & Bablove Injury Attorneys took over this complex case. We strategically dismantled the defense’s arguments, defeated their critical Motion for Summary Judgment (MSJ), and transformed a stalled $50,000 offer into a life-changing $1,150,000 victory after years of hard-fought litigation.

The Challenge: A Stalled Case and a Technical Legal Defense

When Kohan & Bablove inherited this case, it was mired in challenges. Our client was not just battling a catastrophic injury; he was also fighting against a stalled legal process and a sophisticated defense tactic designed to shield a powerful company from all responsibility for the construction zone accident.

The Injury: A Manual Laborer’s Livelihood at Risk

The crash left our client, a dedicated manual laborer, with career-ending injuries. His livelihood was destroyed in an instant, replaced by a future of chronic pain and medical procedures, including a critical neck surgery and a recommended low back surgery. Unable to provide for his family and watching his medical bills pile up, his frustration was compounded by a previous attorney who allowed the case to stagnate for years, producing no results and offering little hope.

The “Coming and Going Rule”: The Defense’s Loophole

The defense’s primary argument was a clever attempt to exploit a legal technicality known as the “Coming and Going Rule.” Even though the police report was in our client’s favor, the opposing attorneys argued their employee was not “on the clock.” They pointed to the fact that he arrived at the worksite more than an hour before his shift. By framing his presence as a simple commute, they sought to absolve the company of all employer liability.

The Threat of Summary Judgment

To solidify their position, the defense filed a high-stakes Motion for Summary Judgment (MSJ). This is an aggressive legal tool used to ask a judge to throw out a case before it ever sees a jury. Their argument was that, based on the “Coming and Going Rule,” the company had no legal responsibility for their driver’s actions as a matter of law. A victory for them on this motion would have permanently closed the door on holding the employer accountable, gutting the case, and leaving our client with a fraction of the compensation he needed. This was the key battle we had to win.

The Strategy: Proving the Driver Was “On the Job”

The team at Kohan & Bablove immediately developed a targeted legal strategy. We knew that overcoming the “Coming and Going Rule” was the only path to securing the compensation our client deserved. Our entire focus shifted to proving direct employer liability for the devastating construction zone accident, which meant demonstrating that the at-fault driver was, in fact, “on the job.”

Beating the Motion for Summary Judgment (MSJ)

Our first move was to aggressively challenge the defense’s Motion for Summary Judgment (MSJ). We deposed the defendant driver and his supervisor, and under relentless questioning by our attorneys, their story fell apart. We forced him to admit that during the hour before his shift officially began, he was not simply commuting; he was performing specific work tasks like preparing equipment and organizing the site.

This critical testimony proved he was likely acting within the course and scope of his employment, directly benefiting his company. This completely destroyed their legal argument, and the judge rightfully denied their motion to dismiss the case, agreeing that the issue of being on the clock was for the jury to decide. This crucial victory confirmed that we could most likely legally establish employer liability at trial.

Turning Up the Pressure: From $50k to $1.15 Million

For years, the defense had refused to budge from a meager $50,000 offer, confident their legal loophole would prevail. Once we defeated their Motion for Summary Judgment (MSJ), everything changed. The victory opened the door to the company’s much larger commercial insurance policy, and we immediately turned up the pressure.

We made it clear we were fully prepared for trial and presented the defense with the stark financial reality. We detailed the astronomical costs of our client’s neck surgery, future low back surgery, and the permanent loss of income from his manual labor injury. We showed them that a jury would not only find clear employer liability but would almost certainly return a verdict worth millions. The risk had become too great for them to ignore.

The Outcome: Delivering on a Promise

The final phase of the case was a direct result of our strategic victories in court and at the negotiation table. By systematically breaking down the defense’s arguments and demonstrating the immense risk they faced at trial, we moved the case from a lowball offer to a life-changing resolution. We fulfilled the promise we made to our client when he entrusted his future to Kohan & Bablove.

A $1,150,000 Settlement After Years of Litigation

Faced with the undeniable evidence our team had gathered and the certainty of facing a jury, the defense finally buckled. The company, now fully exposed to significant employer liability, could no longer hide behind legal loopholes. After years of our relentless pressure, we secured a phenomenal settlement of $1,150,000 for our client.

This result was 23times their original, insulting offer. It was a decisive victory, proving that even in a complex construction zone accident case, a persistent and aggressive strategy can hold large corporations accountable. This outcome represented true justice for our client.

A Client Ecstatic and Thankful

When our client first came to us, he was injured, frustrated, and losing hope. We made him a promise: we would succeed where his previous attorney had failed. When we called to tell him the final settlement number, he was ecstatic and overwhelmed with gratitude. We had delivered.

The $1.15 million settlement provided the financial security his family desperately needed. It ensured he would not have to worry about paying for his neck surgery, future low back surgery, or the lost income from his career-ending manual labor injury. The funds covered:

• All past and future medical expenses
• Significant lost wages and loss of future earning capacity
• Compensation for his immense pain, suffering, and emotional distress

This case perfectly illustrates our mission: delivering life-changing results for those who need it most.

Complex legal defenses like the “Coming and Going Rule” or a Motion for Summary Judgment are not just obstacles; they are strategic weapons designed to kill your case before it ever reaches a jury. You cannot afford an attorney who moves slowly or lacks the expertise to fight these highly technical battles. At Kohan & Bablove Injury Attorneys, we thrive in high-stakes litigation, turning the defense’s tactics against them.

Is your current attorney moving too slowly? Has the insurance company denied your claim based on a technicality? Don’t accept defeat. Contact Kohan & Bablove today for a free, no-obligation second opinion. We are the firm that steps in to turn stalled cases into million-dollar victories.