Blake was involved in a very unfortunate motor vehicle accident. Blake was drivi

Question

Blake was involved in a very unfortunate motor vehicle accident. Blake was driving home from work late one night. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent.

Tony was actually in the middle of his work shift, driving a delivery truck for his employer, and was on his way to one of the employer’s customers to drop off a shipment before the customer closed for the night. Cathy had just left a dinner with her boss and their clients, where she had a bit too much to drink.

It was determined at the scene that Cathy was slightly above the legal alcohol limit to drive, and she was charged with driving while intoxicated. The jury found that that Tony was 60% responsible for Blake's injuries; that Cathy was 40% responsible for Blake's injuries; and, that Blake's total damages were $100,000. Blake lives in a jurisdiction that applies joint and several liability, along with the doctrine of contribution.

Please answer the following questions:

1a) As Tony was on his way to a delivery for his employer at the time of the accident, could Tony make any argument to have his employer brought into the case to pay the liabilities? Please fully explain your answer. Also, what would be the amount of damages Tony or his employer would have to pay? Explain why you determined this amount.

Explanation / Answer

Answer –

Tony was on his way to a delivery for his employer at the time of the accident. And Tony was found negligent in the accident. So in such case when an employee is found negligent in an accident, then the employer is liable for the accident penalty on behalf of the employee. So legally the employer is liable for an employee’s accident, if the employee is found negligent in the action.

So in this case the Tony can make argument to bring his employer in the case to pay the liability of accident on behalf of him, as he was on the job and was found negligent in the accident.

As per the liability decision, Tony was responsible for 60% damages, so Tony or Tony’s employer needs to pay the 60% of damage cost to the Black. So the total damage cost is $100000 for the accident. So Tony or Tony’s employer’s share is $60000, which is to be paid to Black. This amount is calculated based on the liability decision of 60% raised to Tony and 40% raised to Cathy.

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