Question
Maze was employed by Van Ness Ready Mix, Inc., a company that supplied ready-mix concrete and concrete products in Boise, Idaho. He held a held
Maze was employed by Van Ness Ready Mix, Inc., a company that supplied ready-mix concrete and concrete products in Boise, Idaho. He held a held a Class "A" commercial driver's license subject to the Federal Motor Carrier Safety Regulations (FMCSR) and had no prior citations.
After mixing and pouring concrete at a job site on July 29, 2018, Maze was returning to Van Ness property in a company owned cement mixer when he made an improper left turn in front of oncoming traffic, colliding with Wolf, who was driving a motorcycle. Wolf was declared dead at the scene from a head injury. The accident report filed by the police indicated that Wolf had made no improper driving action and that neither vehicle was speeding.
Maze was taken from the scene to a regional hospital for a blood test, which showed he was under the influence of a prescription narcotic banned by the FMCSR at the time of the accident. He had been prescribed the narcotic in May 2018, after suffering an on-the-job injury for which he had filed a worker's compensation claim against his employer, that Van Ness had not contested.
On behalf of Wolf's estate, his widow, Donna Wolf, sued both Maze and Van Ness Ready Mix, Inc. for her husband's wrongful death. In her suit against Van Ness, Wolf alleged that by failing to prohibit Maze from operating its commercial motor vehicle while under the influence of a banned narcotic, Van Ness should be directly liable for the negligent hiring, training, and supervision of Maze. She also claimed that Van Ness should be vicariously liable under the doctrine of respondeat superior for the accident that had killed her husband.
Use the FIRAC model to analyze Wolf's claims against both Maze and Van Ness Ready Mix, Inc.
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