Julius was employed as a delivery driver for Penelope's Pizza, using his own car to deliver pizzas to customers. While driving to deliver a pizza one evening, Julius ran a stoplight and collided into the side of a car in the intersection driven by Herschel, injuring Herschel and Herschel's wife, who was sitting in the passenger seat, rendering her a paraplegic. Under these circumstances:

Question

Julius was employed as a delivery driver for Penelope's Pizza, using his own car to deliver pizzas to customers.  While driving to deliver a pizza one evening, Julius ran a stoplight and collided into the side of a car in the intersection driven by Herschel, injuring Herschel and Herschel's wife, who was sitting in the passenger seat, rendering her a paraplegic.  Under these circumstances:

BlackTom AI · Accepted Answer

The scenario involves a delivery driver (Julius) using his own car to perform duties for his employer (Penelope's Pizza) and committing a negligent act (running a stoplight) that injures third parties (Herschel and his wife).
Option 1: 'Julius alone is liable to Herschel and his wife for negligence.' While Julius is definitely negligent for running the stoplight, the employer often bears liability for the acts of its employees when those acts occur within the scope of employment.
Option 2: 'Penelope's Pizza alone is liable to Herschel and his wife for negligence.' This would be incorrect because liability is not typically imposed on an employer for negligence in hiring or training when the tort was committed by an employee; the employer’s liability arises primarily through vicarious liability, not vicarious negligence.
Option 3: 'Penelope's Pizza is liable to Herschel and his wife only if Penelope's Pizza was negligent in hiring or training Julius.' While negligent hiring or training can establish a basis for employer liability in some contexts, the more general and precise theory here is vicarious liability for torts committed by a employee within the scope of employment, regardless of the employer’s own negligence in hiring or training.
Option 4: 'Penelope's Pizza is liable to Herschel and his wife under the doctrine of respondeat superior.' Respondeat superior holds an employer vicariously liable for the actions of employees performed within the scope of their employment, including when the employee is using their own vehicle to complete work tasks, provided the conduct occurred during the course of employment and within the scope of the assigned duties. This doctrine typically applies to torts arising from the employee’s negligent driving while performing job duties, making the employer liable to the injured parties despite the employee’s use of a personal vehicle.
Given these considerations, the analysis points toward the employer's vicarious liability under the doctrine of respondeat superior, as the driving occurred in the course of delivering pizzas for the employer and the tort was committed during that activity.

BUSFIN 3500 SP2025 (4686) Chapter 6 Quiz

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