Question: While drunk, the driver of a subway car plows into the back of the car...

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Question: While drunk, the driver of a subway car plows into the back of the car ahead of him, killing a passenger. It was against the rules for the driver to be drunk. Is the subway authority liable for the negligence of its employee? Strategy: With a tort case, always determine first if the agents are employees or independent contractors. This worker was an employee. Then ask if the employee was acting within the scope of employment. Yes, he was driving a subway car, which is what he was hired to do. Does it matter than he had violated subway rules? No, his violation of the rules does not eliminate his principal's liability. (See the "Result" at the end of this section.) Question: What if the subway driver had stabbed a passenger? Strategy: In the case of an intentional tort, the principal is only liable if the agent was intending to serve some purpose of the employer. (See the "Result" at the end of this section.)