Eric is a delivery driver for Preferred Package Services (PPS) and has been for
ID: 371926 • Letter: E
Question
Eric is a delivery driver for Preferred Package Services (PPS) and has been for 20 years. Each day Eric drives to the PPS terminal to pick up packages and is given a route to deliver the packages. He is told in what order to deliver the packages and which route to take and is compensated based on the total weight of all the packages. While Eric owns the delivery vehicle, he is required to purchase the vehicle from PPS. To ensure all vehicles are up to the PPS standard, all drivers are required to use the PPS maintenance shop for repair, mandatory upgrades, and periodic inspections. While Eric is financially responsible for all costs associated with the vehicle including fuel, maintenance, licensing and insurance, he is precluded from using the vehicle for any purpose other than delivering PPS packages.
PPS provides Eric with a uniform he is required to wear while delivering packages on his route. Recently, PPS required Eric to purchase a GPS system for his delivery vehicle. The GPS is used to increase efficiency and track the delivery vehicle to provide delivery customers with to-the-minute tracking on packages along with a specified delivery time within a five-minute window. Eric’s performance is measured, in part, by packages being delivered within the five-minute window. Poor performance could result in Eric receiving a “lighter” route or PPS not renewing his contract.
Eric is a star driver. Because he is so successful, PPS decides to offer Eric an expansion of his current route. The newly expanded route will require Eric to hire another driver and purchase an additional delivery vehicle. Eric jumps at the chance and accepts the offer to expand his route.
PPS had the perfect candidate to drive on Eric’s expanded route, Jimmy. Eric agreed and offered Jimmy the job. Jimmy adjusted quite well to his new role as a PPS driver. Prompt in delivering packages, PPS often received unsolicited compliments regarding Jimmy from delighted PPS delivery customers. “He is always so happy,” one customer praised.
Everything was going swimmingly until one day while delivering his route, Jimmy digressed ever so slightly from his route. With traffic light, Jimmy had a few minutes to spare before the five-minute window for his next delivery at Andy’s Anvil Emporium. Jimmy went into the bank next to Andy’s to make a withdrawal from his personal checking account. While backing out, Jimmy was setting the GPS system to note his delivery to Andy’s. Unaware of his surroundings, Jimmy backed into Zoe Phillips causing her bodily injury.
Upon investigation, Jimmy was found to be under the influence of alcohol. Shocked at the news, Eric later learned that Jimmy had been cited three times in the last six months for driving under the influence and was driving on a suspended license.
Fully discuss. Include options for Zoe to recover for her injuries
Explanation / Answer
As discussed in the case given we can find out that as Jimmy had already been cited three times in the last six months for driving under the influence of alcohol and PPS as well as Eric were unaware about the situation shows that none of them knew about what Jimmy was doing, they only knew that Jimmy was doing well in prompt service and the customers were happy with his performance and that they neglected the grievances that the customer had with Jimmy.
Also Jimmy had his license suspended and was still driving shows that Eric was not at all aware about anything that Jimmy was doing and neither he had any regular checks on the driving license of the driver or the grievances that the people had with Jimmy until something major came across him. Eric should be aware about such situations because Eric was responsible for various activities and one of them included checking the license of the driver as well as proper documentation of the vehicle , its insurance, etc.
Zoe Phillips who was bodily injured by Jimmy, who was under the influence of alcohol has two legal rights available with her. Civil and Criminal suit are the two remedies available to zoe and both of them included compensation for her loss.
She can file a suit against Jimmy for the compensation to be provided for her injuries. When she files a suit against Jimmy it is usually known as a civil case under which the driver found guilty is liable for monetary compensation to the victim or the family of the victim in case of death. Under this Jimmy is liable to pay for Zoe's medical bills, personal property damage, loss of wages and loss of future earning capacity, pain and suffering and also for disfigurement i.e.the action of spoiling the appearance of someone.
She can also file a criminal suit against Jimmy that will make him liable to pay for the compensation of the damage caused by him under the influence of drug as well as have to face criminal trial prosecuted by the government and once Jimmy is held guilty he will have to face a significant jail sentence.
Zoe can also make and out-of court settlement with the organization as Jimmy is a part of their organization and soon as this becomes a news it can aslo adversly affect the corporate image of the organization. The organzation would be more than happy to settle this case out side of the court room as it would require major use of resources of the organization and there is not much they can do in the case of drink and drive. So in this cas Zoe can be heavily compnesated for her loss.
In certain countries and states especially Minnesota, the liquor shops can also be held for the loss done to the injured and holds them responsible for serving alcohol to intoxicated individuals who then under its influence causes injury or death to a person. The injured is compensated by the liquor shop owners.
In order to prevent the cases of drink and driving the best method that can be adopted is compulsary installation of Ignition Interlock Device (IID), it is a device in which the driver blows air into the device and the device measure the alcohol content in the breath of the driver. If the breath of the driver shows that he is not under the influence of alcohol the vehicle will start normally but if the device detects the person to be under the influence of alcohol then after a certain number of attempts the driver is locked out of the vehicle for a long period of time.
If PPS had paid atention to Jimmy's activities then they would have installed such systms in all of their delivery vehicle so that such kind of accidents could have been avoided.
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