Description
Case Analysis
Dave is a driver for Empire Courier Service. Around the company, Dave isknown as sort of a hothead. During his previous employment at another company,Dave had been involved in a workplace fistfight with a fellow employee,resulting in criminal charges.
One day, between deliveries and in a company vehicle, Dave decides to getlunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunchspot for most Empire Courier employees, Dave negligently causes a car accidentwith another vehicle, resulting in injuries to Victor, the driver of the othercar. As Dave and Victor are waiting on the side of the road for the police toarrive, Victor comments to Dave, “Oh, you drive for Empire CourierService. It doesn’t surprise me that Empire hires bad drivers because theirservice stinks, and their prices are too high!” Dave is so offended thatVictor would insult his employer’s professional reputation that he punchesVictor in the face, causing Victor to suffer even more injuries. Empire CourierService does not, as a matter of policy, do criminal background checks on itsemployees.
Considering the legal principles discussed in Chapter 20,(Agency andLiability to Third Parties) explain who is liable for Dave’s negligence forcausing the car accident, and explain who is liable for Dave’s intentional tortfor punching Victor. Provide your answers in a case analysis of a minimum of500 words. Cite any direct quotes or paraphrased material from outside sources.Use APA format.
