Question
In the John v. Flynn case, Flynn drank for hours before he came to his overnight shift; he drank in the parking lot during breaks;
In theJohn v. Flynncase, Flynn drank for hours before he came to his overnight shift; he drank in the parking lot during breaks; he drank after his shift and after he got home.He was also drinking while driving when he got in accident, seriously injuring John, a third party. (Note: Flynn had participated in employee's Employees Assistance Program and had signed a last chance agreement). Was employer liable to John for Flynn's actions?
Select one:
a.Yes, because the employer knew Flynn had a drinking problem and failed to adequately monitor him
b.No, because Flynn was not at work, going to work nor returning from work when the collision occurred.
c.Yes, because some of the drinking occurred during work and at the work premises.
d.No, because it was not foreseeable Flynn would drive while intoxicated.
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