Reference no: EM133441105

Scenario

A motorist wa seriously injured when another car, operated by Christopher Richardson, crossed the center line, causing a head-on collision. Richardson, a longshoreman, fell asleep at the wheel while traveling home after working a 22 hour shift at his job site locted at the Port of Baltimore. The injured motorist, Sergeant Michael Barclay, and his wife, Robin Barclay, filed a lawsuit against serveral parties, including Richardson's emploer,Ports Ameria Baltimore, Inc.

The lawsuit alleged that the employer was liable for Barclay's injuries under respondeat superior and primary negligence by failing to protect the general motoring public from an employee driving home after an unreasonably long shift. The employer contested the lawsuit and asserted that, based on both doctrines, neither requirement was met. the Trial court agreed with employer. The Court of Special Appeals affirmed.

1. Does the employer have a duty to the public to ensure that an employee's abilities are not impaired after working an extended work schedule?

2. Why did the courts dismiss the lawsuit based on respondeat superior?

3. Why did the lawsuit not meet the legal requirment of negligence?