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For this week Cases Analysis, lets go back to our car accident involving Mary and Bob. Lets now examine it from an employer-employee perspective. Mary
For this week Cases Analysis, lets go back to our car accident involving Mary and Bob. Lets now examine it from an employer-employee perspective. Mary Johnson is traveling on 1-270 in her own vehicle in the center lane of traffic. Bob Wilson is driving his company truck owned by his employer, Anderson's Medical Supply. Mr. Wilson is on his way to Grant Hospital to drop off some medical supplies. Making such deliveries is Wilson's primary job. Wilson as traveling in the left hand lane of traffic. As he talks on his phone to a customer about their account using his company cell phone, he changes lanes without looking if the other lane is clear. Johnson, who is in Wilson's blind spot, does see the truck enter her lane, Wilson sideswipes Johnson causing her to lose control and crash into a retaining wall. She suffers a broken left hip and is off work for approximately 6 months. Her lost wages amounts to $50,000. Her medical bills are $500,000. Wilson works at least 40 hours per week and is considered full time at Anderson's Medical Supply inc. He is paid every two weeks by check. Anderson Medical Supply Company provides Wilson benefits and as part of his two week check, Anderson Medical Supply takes out federal, state and local taxes as wells as Medicare and FICA. Wilson also has direct deposit taken from his check into his 401(k) that is provided through Anderson Medical Supply Inc. Lets answer the following questions. 1) is Wilson an employee or an independent contractor? What facts in the scenario support your position in this scenario Wilson is an employee. Wilson is an employee because he is delivering medical supplies in a company truck owned by Anderson Medical supply. Wilson also an employee because he works full time with benefits and is paid bi-weekly from Andersons Medical Supply. Andersons Medical supply also takes taxes and makes direct deposits to Wilson account as an employee. 1 2) is Wilson in the scope of employment when the accident occurred? What facts determine whether Wilson is in the scope of employment? 3) Does the Doctrine of Respondeat Superior impact on whether Wilson as an individual or Anderson Medical Supply inc as an employer is liable for Johnson's injuries
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