Special Negligence Actions

you will be acting as a lead researcher regarding a hypothetical vicarious liability situation detailed below. assume that your immediate supervisor has asked you to prepare a memorandum that highlights support for a particular research-based solution to the situation described. Conduct research on Westlaw (accessible via the Library) based on the following hypothetical.

Hypothetical:

John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. John's employer reimburses him for gasoline, food, and lodging and provides John with a dealer car to drive. While driving to the manufacturing plant one evening, John decided to stop by his cousin's house for dinner. His boss accompanied him on the visit "to get a decent meal for a change." On the way there, John collided with and injured a motorcyclist.

Based upon this fact pattern, research the legal issues surrounding negligence and special negligence issues, including vicarious liability of employers andrespondeat superior. You should also research thecoming and going rulealong with frolic and detour rules for vicarious liability. Review both primary sources and secondary sources in your research. Examples of primary sources include cases, statutes, constitutional provisions, and regulations. Examples of secondary sources including law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of Torts.

Once you have completed your research, then memorandum of law to your supervisor evaluating whether AAA Auto Dealers would be liable for John's negligence based upon your research. Be sure that the conclusion you provide is adequately supported by your scholarly research, including both primary and secondary sources of law.