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Henry Cord was the sole owner and president of Cord Motors. His son, Melvin, was a management employee who supervised employees within the service department.
Henry Cord was the sole owner and president of Cord Motors. His son, Melvin, was a management employee who supervised employees within the service department. On June Billie Bob Murphy entered into an agreement with Cord Motors to trade his Zephyr automobile for a new Cord G truck. At the time of the trade, Murphy owed $ on the Zephyr, but he told Cord Motors that he owed only $ on the car. The transaction occurred at a time when Cord Motors could not verify the payoff amount on the loan. Cord Motors allowed Murphy to take possession of the G but did not transfer the title. An agreement was also executed providing that
Cord Motors would credit Murphy if he had overstated his outstanding indebtedness on the Zephyr, and
Murphy would pay the difference if his figure understated that amount.
The next day, Cord Motors discovered the amount Murphy actually owed on the Zephyr. When notified of this discrepancy, Murphy refused to pay the additional sum and refused to return the G Cord Motors then tried unsuccessfully to repossess the G on at least two occasions.
On June Melvin and another Cord Motor employee spotted Murphy driving the G on a public street. At a stoplight, Melvin exited his car and knocked on the Gs driverside window, demanding that Murphy get out of the vehicle. When Murphy refused, Melvin drew a pistol he was carrying and fired two shots in the front tire and two shots in the rear tire of the G The police arrived at the scene, arrested Melvin, impounded the disabled truck, and returned it to Cord Motors.
Melvin was convicted of reckless endangerment in the first degree, a felony. Murphy sued Cord Motors, claiming that Cord Motors was vicariously liable for the tortious acts of its employee, Melvin.
Explain whether Cord Motors is vicariously liable.
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