. The Acme Construction Co. was under contract to build a pedestrian mall on the University of Texas campus. The job was to be completed by January 1, 2021 or Acme would be charged a penalty of $2000 per day. Acme was severely understaffed because of a construction boom in the Austin area. Acme hired Miller Hynds, a recent graduate from a local high school. Miller had never worked construction before. His supervisor, John Waggoner, assigned Miller to operate the "Mule," a small four-wheel drive vehicle used for moving equipment around the site. Miller had never operated this type of vehicle before. John told him that it was just like driving a car. Miller was driving the mule on campus when he lost control of the vehicle and hit Wanda Sykes, a UT student. Wanda broke her leg and fractured her skull. Wanda sued Acme for the cost of her injuries. Acme is:

a.Liable because Miller was not trained to operate the vehicle.

b.Liable because the company should not hire high school graduates.

c. Not liable because Wanda is not an employee of the company.

d. Not liable because Miller was an independent contractor.

e. None of the above.

23. Assume the facts of the prior problem. However, instead of Miller losing control of the mule, he saw Wanda walking on campus. Wanda was his ex-girlfriend who dumped Miller by text message. Miller was furious with her and intentionally runs over Wanda with the mule. Wanda sued Acme for her injuries. Acme is:

a.Liable because Miller was not trained to operate the vehicle.

b.Liable because Miller is an employee.

c. Not liable because Miller was acting outside the scope of his employment.

d. Not liable because it was an intentional act.

e. C and D are correct.