Question
YourWay, Inc. is a new start-up company specializing in carpool ridesharing. YourWay has grown into a multi-million-dollar company which has a presence in all major
YourWay, Inc. is a new start-up company specializing in carpool ridesharing. YourWay has grown into a multi-million-dollar company which has a presence in all major American cities over 200,000 people. The company is structured with employees handling the marketing, legal, managerial, and financial side of the business with independent contractors working as the drivers. The employees are paid a salary and given full benefits including medical, dental, paid leave, and retirement. The drivers are paid 75% of the total fares they earn by YourWay via direct deposit into their personal checking account. Divers are also eligible to receive bonuses based on the number of customers they pick up as well as the total numbers of hours worked per week. YourWay requires that each driver use their personal vehicle which must be four-doors and cannot be more than 10 years old. The company also requires drivers use a specific type of car insurance, only use major surface roads, wear appropriate clothing and can only work within a 40-mile radius of the city each driver is assign. While drivers cannot work for a competing ridesharing service while working for YourWay, the company does not put any limits on how long or when a driver works.
On September 14, 2018, YourWay driver Jack Smithton picked up passengers Jim and Sarah Scott. While taking the couple to a restaurant, Jack loses control of the car, goes off the road and hits a lamppost. Sarah is injured in the accident. Jim, who is not injured by the crash, gets out of the car to assess the damage. Jack, who was dazed by the accident, becomes concerned of the accident's consequences and attempts to drive away from the scene with Sarah still in the backseat and hits Jack with his car. Jim is seriously injured. Jim and Sarah sue the driver Jack Smithton and YourWay for negligence, false imprisonment and negligent infliction of emotional distress. Jack Smithton admits liability and quickly settles the lawsuit, but YourWay decides not to settle and to take the case to trial
Should YourWay be liable for the actions of Jack Smithton?
What ethical dilemma does YourWay face with its decision to fight the case?
What ethical obligations does YourWay have toward its stakeholders?
Analyze all alternatives and consequences of YourWay's actions or lack of
actions.
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