Reference no: EM133322639
Case: Route 9 is a two-lane highway located in the state of Maine. Route 9 has a bridge called AMG bridge. AMG bridge connects two separate cities in Maine. There is a toll in the entryway of the bridge which used to be $5 for all passenger vehicles and $7 for trucks/ tractor-trailer. Maine passed a law on 12/15/2015, raising fees on its toll roads for all trucks with out of state registration, but no one else.
On 12/22/2015, Steven was driving his pick-up truck and Pedro was driving a tractor-trailer for a company named Air Transport, Inc. Pedro was conducting his normal route, and was working for Air Transport, Inc. Steven and Pedro were traveling westbound on Route 9.
Driving recklessly behind Steven, Pedro made multiple attempts to pass Steven in no passing zones, nearly causing a collision, and followed Steven at an unsafe distance. Steven responded twice with the predictable obscene gesture. When both drivers stopped at a red light, Pedro exited his tractor-trailer, confronted Steven and attacked him with a blunt object. Steven suffered serious injuries to multiple parts of his body.
Pedro was arrested and charged with criminal violations. Pedro has been in jail since 12/22/2015. He hired an attorney named Robert Lane to help him with his criminal charges. Mr. Robert Lane had several conferences with Pedro regarding his criminal case. In one of those occasions, Pedro confessed to Mr. Lane that he had treated for anger issues in the past. As a result, Mr. Lane arranged for a psychotherapist to be present at one conference where Pedro confessed that he often thinks about Steven and wanting to "finish the job." Right after, Pedro was convicted of aggravated assault, served most of his time and will be released in about a week. Pedro was sentenced to 7 years in jail. Steven lives in California in an undisclosed address. Pedro plans to live in New Jersey after his release.
5. Steven now seeks monetary damages and is suing Air Transport for Pedro's actions, in Civil Court. There is no dispute that Pedro is an agent of Air Transport.
Question: What standard(s) will the court consider in its evaluation? Will Steven prevail (win) in his claims against Air Transport for Pedro's actions? Why yes or why not? Please explain your conclusion(s) by analyzing the applicable standard(s), if any.