Reference no: EM132284838

Employee A signs an arbitration agreement to only hear cases in arbitration (outside of court) in working for Employer A; Employee B has also signed this agreement. Employee A and Employee B get involved in a car accident in which Employee A becomes grievously injured. Employee B - according to Employee A - sped around the corning while drinking and heading into work when she struck Employee A. This occurred during the lunch hour, and Employee A became greviously injured. Employee B is not injured. Must this matter be decided in arbitration since the parties signed an arbitration agreement? Was Employee B negligent? What factors would you consider as to whether Employee B was negligent? Does it matter if Employee A was also drinking? What if Employee A was driving too fast? Or, would it matter if there was a strict liability statute in effect in State Wisconsin at the time of the accident - the state in which the accident took place - that a drunk driver is strictly liable for any damage he or she causes while drinking? How would you respond to this situation if you were Employee A's manager? What if you were employee B's manager? Would it matter if Employee B or Employee A were driving a company vehicle at the time of accident?