Lawsuit Names USC, Former Assistant Football Coach
Former USC assistant Dave Watson.
The plaintiff, Alaric Valentin, was a passenger in a vehicle struck by Watson's car on May 17, 2008. Watson was arrested at the time on suspicion of driving under the influence. The suit alleges that he had taken as many as seven Vicodin and several Soma pills. Valentin's attorney believes the damages (ranging from medical bills to pain and suffering) could run more than $500,000 -- far exceeding the insurance coverage on the accident.
In an unusual twist, the lawsuit claims that USC was negligent because the university provided the vehicle to Watson and "was aware of or should have been aware of [his] addiction to prescription pain medications." Valentin further alleges that USC's own doctors knew about Watson's addiction and prescribed him with excessive pain medication.
According to the suit, the car was owned by South Bay Chrysler-Plymouth-Jeep, which loaned the vehicle to the school as part of a booster program. USC says that the dealership loaned the school only one car and is no longer in the program.
Auto sponsorship programs are popular around the country with dealers who often receive tickets, access to special events, and advertising at school events and in publications. Despite the common practice, this lawsuit appears to be unique. Neither the attorney for Valentin nor USC's General Counsel were aware of any case that sets a legal precedent. The plaintiff is expected to compare USC's policies for insuring such vehicles to the practices at other institutions.
USC's General Counsel's office says that they do not belong in the lawsuit. While Watson was employed by the university as a defensive line coach at the time (he left the team this past January), they claim he was on his personal time when the accident occurred -- incidentally, the day after the school's spring graduation.
Greg Patterson, an attorney who specializes in civil litigation in Los Angeles, told LAist that, "An employer can only be held vicariously liable for wrongs that are within the scope of employment. This is determined by weighing several factors, such as whether the conduct benefited or was authorized by the employer, the nature of the conduct involved, and the time and place of the accident."
The lawsuit alleges that Watson was "engaged in a special errand" for USC and that he was carrying files in his car related to USC football.
Calls to Watson's attorneys were not immediately returned.