Mitsubishi service department

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Reference no: EM1347925

Stephen Brooks was employed as a sales representative for the Bob King Mitsubishi car dealership. Reba Stanley, age eighteen, met with Brooks to test drive a Mitsubishi pickup truck. During the test drive, Brooks assaulted Stanley ‘by touching and grabbing her arms, hands, groin area and breasts. He likewise exposed his genitals and placed her hand on his private parts.' When they repaid from the test drive, Brooks took her to the Mitsubishi service department ‘and exposed himself again as well as tried to force her to touch him.' Stanley was up to free herself and left the dealership. Brooks was later sentenced on charges arising out of the incident. Stanley sued both Brooks as well as the car dealership claiming the she hurt intentional infliction of emotional distress.

a. What should Stanley prove in order to win her case and why.

b. The dealership contended that the case against them must be dropped as they weren't responsible for Brook's actions as well as asked the court to grant a motion for summary judgment. The defence argues that the motion must be denied under the doctrine of ‘respondent superior'. Must the court grant the motion? If consequently why or if not why not?

Reference no: EM1347925

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