Question
On June 7, 2014 a limousine carrying comedian Tracy Morgan and others returning from a gig in Delaware, was rear-ended on the New Jersey Turnpike
On June 7, 2014 a limousine carrying comedian Tracy Morgan and others returning from a gig in Delaware, was rear-ended on the New Jersey Turnpike by a Walmart 18-wheel tractor-trailer.
Morgan, a star of the "Saturday Night Live" and "30 Rock" TV shows, was rushed to the hospital in critical condition. His friend and fellow comedy writer James "Jimmy Mack" McNair were killed in the crash.
New Jersey police alleged that the Walmart employee driver, who was charged with vehicular homicide and assault by auto, hadn't slept for more than 24 hours at the time of the accident.was driving 20 miles per hour above the speed limit. In response, Walmart stated that its driver "was operating within the federal hours of service regulations," which limit work shift to 14 hours with a maximum of 11 of those behind the wheel.
Even worse, Walmart blamed Morgan and his mates for the crash. Lawyers contended that the comedian's injuries were "caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seat belt restraint device."
1.Your task is to consider the relationship and liability issues, specifically related to the agency relationship between the truck driver and Wal-Mart. I want you to show that you understand the implications of an agency relationship. Include in your discussion whether there isthe difference if the truck driver is an independent contractor vs. an employee and whether it matters if the act that caused harm was negligent vs. intentional.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started