You have purchased a panel truck to distribute your beer and other beverage products and hired a driver, Barney Grumble, as your driver. During his job interview, Barney mentioned that he is a recovering alcoholic. However, he proves that he has a valid driver's license. A month after hiring Barney, while transporting in your panel truck 100 cases of the very popular Duff's Beer from your distribution warehouse in Frostproof to the Kwik-E-Mart convenience store on US 27 near Posner Park in Davenport, he runs a red light at an intersection in Plant City and crashes into a Cadillac, seriously injuring your former business law professor (pictured above). The police officer who attended the scene of the crash wrote in his report that, in his opinion, based upon his observations of Barney at the scene of the accident, Barney was intoxicated. A blood test taken at the hospital indicates that Barney has a BAC of .21.

During his questioning by the police officer, Barney admits to having had a couple beers at Moe's Bar in Plant City. The bar is significantly off course from your Frostproof warehouse to the Kwik-E-Mart in Davenport. Based upon that BAC level and the officer's observations, Barney is arrested for DUI. The elderly occupants of the car, including your former professor, sues your company based upon their injuries in the 10^thCircuit Court.

5. a. Whatmonetary valueof the action must your former professor claim to establish jurisdiction in the 10^thCircuit Court?

b. Barney is charged with felony DUI because of a prior DUI conviction with 10 years. WhatFlorida courthas jurisdiction?

6. a. What is the basis for the legal action commenced by your former professor? That is, on what legal theory could he bring an action?

b. What elements will he have to prove in order to win the case?

c. In addition to suing Barney Gumble in the 10^thCircuit Court, your law professor has sued your business as well. Under what legal doctrine have they brought the legal action against your business?

d. What defense could your business raise to being named a defendant in their case?

7. One of your fellow owners chastises you for hiring Barney as a driver after he mentioned being a recovering alcoholic. What federal law do you cite as justifying the hiring that may have subjected you to a claim of employment discrimination had you not.

8. In the accident, the 100 cases of Duff's beer meant for the Kwik-E-Mart were destroyed. The brewery making Duff's cannot ship any more of the product for at least two months. Kwik-E-Mart has brought a breach of contract action claim against your business for failing to deliver the 100 cases of beer. What is your possible defense to that claim?