QUESTION
How do I protect myself? My former employer is being sued, and I'm being requested for a 2nd deposition.
Asked on Apr 09th, 2020 on Personal Injury - New York
More details to this question:
My former employer (Company A) over a year ago, was hired to assist a client (Company C) to remove another companies work (Company B) at Company C's location. An incident occurred and an individual, who was hired by the client (Company C) to lead the job, was severely injured. I was working this job as an employee of Company A and present for the incident. The plaintiff is suing all three companies. I already completed an affidavit and 1 deposition with Company C (while still working for Company A). I no longer work for Company A due to lack of work. Now I'm being asked to attend a 2nd deposition with Company B's lawyer next month. Company A's lawyer has offered to defend me again (free of charge) in this deposition. The lawyer emailed me saying the court ordered the deposition. Is this considered a subpoena? Can I even be deposed twice? Can I trust this lawyer will defend me, not just my company? Can I be sued later on, since I no longer work for Company A?
2 ANSWERS
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
If your former lawyer is offering to defend you, then you're already doing what's necessary to protect yourself. From what you've described, it sounds like the Court has ordered your to appear for a deposition, likely by means of a Court order, not a subpoena. That you already appeared for a deposition does not mean that you cannot be compelled to appear for another deposition. I would not worry too much about being sued individually - since you were working for Company A at the time of the incident, Company A is ultimately responsible for your actions and its insurance policy will cover you.
Hope this helps,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
www.kdrpilawyers.com
Answered on Apr 13th, 2020 at 7:42 AM
The best way to handle is to have your own attorney. Of course, that costs money... You can be deposed twice, at times. It depends. An attorney would have to look at what happened. Court-ordered depositions are as good as a subpoena: in fact, an attorney in most cases can issue a subpoena. So, it is best if you discuss it with an attorney and it looks like you do have to comply. Without knowing the details of what happened and reviewing your prior transcripts, it is impossible to state if you can be facing any personal liability.
Answered on Apr 13th, 2020 at 7:15 AM