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Owen, a sole proprietor, owns a bicycle messenger business in New York City. One of his messengers, Marty, was between deliveries one day, and decided
Owen, a sole proprietor, owns a bicycle messenger business in New York City. One of his messengers, Marty, was between deliveries one day, and decided to take a nap in Central Park. While he was asleep, his bicycle was stolen. When he woke up, Marty noticed his bike was gone, saw Betty Biker riding on a similar looking bike. He attacked Betty, knocking her off the bike and seriously injuring her before realizing his mistake. If Betty sues Owen for the injuries caused by Marty and WINS, it could be for any of the following reasons EXCEPT Owen knew or should have known that Marty had a history of assautt and battery convictions and was therefore negligent in hiring him to be a messenger That attack occurred while Marty was in a work-related time or space Owen is strictly liable for any injuries caused by his employees to third parties None of these - all are valid justifications for a judgment against Owen Marty's motivation to attack the bicyclist was in Owen's best interest, even though misguided
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