The Dilemmas
In the four years since Devon started Yard Tech in Florida,
he incorporated the business, purchased two trailers and two pickup trucks,
rented a storage facility for his trucks and equipment, and hired 2 full time
employees. Yard Tech services include mowing, edging, mulching, planting,
pruning and a variety of landscaping services. Yard Tech also offers pool
cleaning services for a few clients. As expected, Devon and Yard Tech
experience several scenarios while conducting operations.
Manny, a Yard Tech employee was mowing a yard when the
homeowner’s dog escaped from his enclosure and bit Manny in the arm and ankle.
The bite to the ankle severed a tendon that required extensive surgery and
required months of physical therapy. Manny was unable to work for four
months.
Myron was allowed to drive one of the company trucks to and
from work because he was responsible for the territory in his part of town.
Taking the truck home allowed Myron to go directly to the jobs without wasting
time and gas to go pick up the truck each day. When driving home from work,
Myron was involved in a collision with Hanh Nguyen. At the time of the
accident, Myron had taken a detour in order to stop at the grocery store to
pick up a few items and go home. Nguyen’s vehicle was totaled and she missed
approximately two weeks of work recovering from her injuries. Nguyen sued Myron
and Yard Tech. Myron suffered a broken leg and missed two months of work.
Although Devon considers himself an equal opportunity
employer, he refuses to hire anyone who is not a heterosexual male or female
based on his religious beliefs. Rey, a woman with 5 years of experience in
landscaping applied for a job at Yard Tech. Devon hired Susan who only had two
years of experience. Rey felt that she was discriminated against because she
was a lesbian.
Because Devon often worked 12 to 14 hour days in the summer,
he took his poodle, Brutus, to doggie daycare. Devon completed all of the forms
and signs the authorizations without reading them. One day when Brutus was at
daycare, he became covered in mud after running around with a golden retriever
in the play yard. When the groomers gave Brutus a bath, he collapsed and died.
On December 31, 2013, Devon entered into a 5 year lease for
a storage unit with Rudy. In September 2014, Devon discovered he needed more
space and found a great deal on a storage facility with indoor and outdoor
space for his vehicles and equipment. Instead of leasing, Devon purchased the
entire storage facility with the intention of renting out some of the space to
help pay for the purchase. Devon knew that Rudy would not let him out of the
lease, so he assigned his rights under the lease to Girish on January 2, 2015.
Girish used the storage unit and made payments for five months. Without Rudy’s
or Devon’s knowledge, Girish vacated the unit end of July without paying for
June or July and still owing the remainder of the rent for the lease period.
When Devon purchased the storage facility, he obtained a
mortgage from Regions Bank.
• Discuss
the potential liability for Yard Tech and the homeowner for the dog bite.
Explain the type of insurance, if any, that Devon should maintain for Yard
Tech. Be sure to establish a proper legal foundation for your responses.
•
• Discuss
the arguments each party (Myron, Yard Tech and Nguyen) will make related to
liability in the accident. Decide which party or parties should be liable and
provide support for your choice.
•
• Determine
whether Rey will succeed if she files a discrimination lawsuit against Yard
Tech. Discuss state and federal laws that support your answer.
•
• Using
principles of bailment, determine whether Devon could recover damages from the
doggie daycare for Brutus’ death.
•
• Which
party is liable for the remaining rental payments? If the party liable for the
debt does not pay and Rudy obtains a judgment ordering payment from that party,
what are Rudy’s options for seeking payment?
•
• Explain
Devon’s rights in the property, including responsibilities for taxes, payments
and future sale of the property. What are Devon’s rights if he defaults on the
mortgage and the bank forecloses on the property?
•
• Identify
and explain any ethical concerns that Devon may encounter
•
• Conclude
your paper by providing suggestions for Devon to help prevent future occurrences
of these types of legal and ethical problems.
