Reference no: EM131430808

Assignment

Little Big Corporation hired Stuart as a delivery driver. Before Stuart was hired, the personnel director of Big Little Corporation not only interviewed Stuart and asked him about his driving record and the status of his driver's license, but the personnel director also obtained an official driving record for Stuart and talked with Stuart's former employer specifically about Stuart's driving record. There was no indication from the interview with Stuart, from his driving record, or from Stuart's previous employer that Stuart was an unsafe driver.

When Stuart was hired by Little Big Corporation, he was thoroughly trained in the operation of the delivery truck that he would be driving and provided an employee safety manual which he was required to (and did) read.

Disscusion

For seven years, Stuart worked as a delivery driver for Little Big Corporation without any accidents or problems. In Stuart's eighth year as a delivery driver for Little Big Corporation, while making a delivery, he was distracted by something in the cab of his delivery truck, ran a stop sign and hit the car that was being driven by Peggy. Peggy suffered a broken leg and her car was badly damaged.

Peggy sued Stuart and Little Big Corporation for her injuries and damage, and she was awarded damages against Stuart and Little Big Corporation. Little Big Corporation was considered to be fully responsible for these damages under the doctrine of respondeat superior.

Is that fair to Little Big Corporation? What is accomplished by making an employer liable for the actions of their employees if the employer has done everything within reason to make sure that its employees are qualified and trained to do their jobs safely? 200 word

Case Analysis

Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead. During his previous employment at another company, Dave had been involved in a workplace fistfight with a fellow employee,resulting in criminal charges.

One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, "Oh, you drive for Empire Courier Service. It doesn't surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!" Dave is so offended that Victor would insult his employer's professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.

Considering the legal principles discussed in Chapter 20, explain who is liable for Dave's negligence for causing the car accident, and explain who is liable for Dave's intentional tort for punching Victor. Provide your answers in a case analysis of a minimum of 500 words. Cite any direct quotes or paraphrased material from outside sources. Use APA format.