Legal Question in Personal Injury in California

The lawyer of my former employer has asked me to testify in court in a matter involving a guest who had a slip & fall accident in this restaurant I was managing. The gust had a slip & fall accident during dinner while she was walking from the bathroom to her table. The guest is suing my former employer for damages caused by the accident. My former employer lawyer wants me to go to court & testify or he will soubpoena me. He also said that I don't have anything to worry about since the matter is between the employer & the guest. Do I have to worry about it? Can I be held responsible or sued for damages if the guest loses the case against me former employer?


Asked on 8/20/12, 6:23 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Unless your testimony will make it appear that you somehow caused the accident, I don't see how you could be successfully sued as a result. What you say under oath as a witness is privileged, which means you can't be sued for saying it. And if the plaintiff thought you were responsible for her injuries, she probably would have already named you as a defendant.

Witnesses testify about what they saw all the time. It sounds like your testimony would be no riskier to you than other witnesses' testimony is to them. Unless there is more to the story than you have revealed, I don't think you need to worry. And if there is more, you should consult with a lawyer and tell her the whole story so you can get more concrete guidance.

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Answered on 8/20/12, 6:45 pm
Steven Kuhn Steven Kuhn

If you were in the course and scope of your employment, the employer is responsible to pay any judgment should it be determined that you were negligent in any way. This, in addition to the answer above, should let you rest easy. It sounds like the employer is trying to defend the case to the best of their ability and you, as the manager, have the most knowledge as to the procedures for inspection and clean up.

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Answered on 8/20/12, 7:19 pm
David Lupoff Law Offices of David B. Lupoff

Unless there's more to the story, the best thing that you can do is to testify honestly, whether it helps or hurts your employer. Good luck.

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Answered on 8/20/12, 7:58 pm


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