Question
Joe Walters was employed by the Metropolitan Department Store as a driver of one of it's delivery trucks. Under the terms of his employment he
Joe Walters was employed by the Metropolitan Department Store as a driver of one of it's delivery trucks. Under the terms of his employment he made deliveries daily along a designated route and brought the truck back to the store's garage for overnight storage. One day instead of returning to the garage as required, he drove the truck 20 miles north of the area he covered, expecting to attend a social function unrelated to his employment or to his employer's affairs. Through his negligence in operating the truck while en route, Walters seriously injured Richard Bunt. Walters caused the accident and was solely at fault. Bunt entered suit in tort against the store for personal injuries, alleging that the store, as principal, was responsible for the tortious acts of it agents. Under these circumstances:
A) Metropolitan is not liable because Walters was an independent contractor
B) Metropolitan is not liable because Walters had abandoned his employment and was engaged in an independent activity of his own
C) Metropolitan is liable based upon the doctrine of respondeat superior
D) Bunt can recover damages from both Walters and Metropolitan
Thank you!!
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