2. Your client, Sanitary Dairies, Inc., has employed Harold Stone for the past s

Question

2. Your client, Sanitary Dairies, Inc., has employed Harold Stone for the past several years as a milk truck driver. Ever since he started working for the company, Stone's job has been to deliver the company's products every morning along an assigned delivery route. One day early last week, however, Stone was negligent in driving his truck and collided with a car driven by Ronald Green, causing Green to suffer serious back injuries. In defending a lawsuit initiated by Green, Sanitary Dairies and Harold Stone proved that Stone had never had a previous accident in 20 years of driving Can Green successfully hold Sanitary Dairies or Harold Stone liable for his injuries?

Explanation / Answer

Under tort liability of different States, the principal (Sanitary Dairies) and agent (Harold Stone) are vicariously, jointly and severally liable if Harold’s negligent driving was in due course of performing his job, which would make it ‘within the scope of employment’.

The plaintiff (Green) can successfully sue them if

The fact that Stone had a clean past record does not exempt them from the liability of the latest act of negligence. At the most, the punishment may be lesser for first time offenders compared to repeat offenders. Sanitary Diaries can successfully defend itself only if it can be proven that Harold Stone committed the act of negligence while being off duty and not performing any of his functions within the scope of employment.

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