Case
Analysis
Dave is a
driver for Empire Courier Service. Around the company, Dave is known 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 get lunch. While
leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most
Empire Courier employees, Dave negligently causes a car accident with another
vehicle, resulting in injuries to Victor, the driver of the other car. As Dave
and Victor are waiting on the side of the road for the police to arrive, Victor
comments to Dave, “Oh, you drive for Empire Courier Service. It doesn’t
surprise me that Empire hires bad drivers because their service stinks, and
their prices are too high!” Dave is so offended that Victor would insult
his employer’s professional reputation that he punches Victor in the face,
causing Victor to suffer even more injuries. Empire Courier Service does not,
as a matter of policy, do criminal background checks on its employees.
Considering
the legal principles discussed in Chapter 20, explain who is liable for Dave’s
negligence for causing the car accident, and explain who is liable for Dave’s
intentional tort for punching Victor. Provide your answers in a case analysis
of a minimum of 500 words. Cite any direct quotes or paraphrased material from
outside sources. Use APA format.
Information
about accessing the grading rubric for this assignment is provided below.
