Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Employer hired Driver to operate a delivery van. Before allowing Driver to operate the van, Employer checked Drivers prior job references, required Driver to undergo
Employer hired Driver to operate a delivery van. Before allowing Driver to operate the van, Employer checked Drivers prior job references, required Driver to undergo a physical examination by a medical doctor, and provided Driver with extensive training in motor vehicle safety. Medic, the doctor who examined Driver, discovered that Driver had a sleep disorder that caused Driver to spontaneously fall asleep and that Driver had on several occasions fallen asleep while driving. Driver pleaded with Medic not to inform Employer of the sleep disorder. Medic agreed, and omitted this information from the physical examination form he sent to Employer. Medic also sent a letter to Employer assuring Employer that Driver was in all respects fit for employment as a delivery van operator. Employer then provided Driver with a daily delivery route and paid him a monthly salary.While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a result. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Drivers alleged negligence? Discuss What arguments will Pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against:a Employer? Discuss. b Medic? Discuss.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started