Discussion Scenario:Ray Albertson and his 8-year-old son Joe were waiting for a "Walk" sign before crossing a street in downtown Omaha. A truck owned by Nebraska Newspaper Corporation (NNC) and operated by its employee, Donald Jones, crossed the intersection and jumped the curb, killing Joe and injuring Ray. Before reporting for work on the evening of the accident, Jones had consumed approximately seven mixed drinks containing vodka and had chugalugged a 27-ounce drink containing two minibottles of tequila. His blood alcohol content after the accident was 0.18 percent.

Evidence showed that the use of alcohol and marijuana was widespread at NNC and that the company made no effort to curtail such use. Evidence further showed that NNC vehicles were returned with beer cans in them and that, on one occasion, an NNC supervisor who had observed drivers smoking marijuana had told the drivers to "do it on the road." Ray Albertson sued Jones and NNC for the wrongful death of his child, Joe, and physical injury to Ray.

Topic Questions:

1. Using legal analysis, is NNC liable? Why or why not?
2. Using legal analysis, is Jones liable? Why or why not?
3. What should have NNC done to prevent this sort of situation?
4. What if Jones was an independent contractor? How might that change the risk of liability for NNC?