Express delivery company based on theory of negligence

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Reference no: EM132104592

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a bystander, and injures him. (Note: for the purposes of the following questions, assume Express Delivery Company is responsible for the actions of its driver, Dixie).

a. Assume Fazio sues Express Delivery Company based on a theory of negligence. Is she likely to prevail?

b. At the time of the accident, Dixie was in the process of making a delivery to Parker. Parker is interviewed by a reporter for a local television station and her interview is broadcast later that night. After briefly describing the scene, Parker makes the following statement: "that driver had a bottle of vodka in her truck - she was definitely drunk." After seeing the broadcast, the owner of Express Delivery Company fires Dixie for "drinking on the job." Assume Dixie had, in fact, drunk an entire bottle of vodka just prior to the accident. If Dixie sues Parker for defamation, is she likely to prevail? Identify the specific type of defamation Dixie can allege, apply the facts to each element of the claim and consider any relevant defenses.

Reference no: EM132104592

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