The law firm of Poe, Patterson and Henderson, a general partnership, represents

Question

The law firm of Poe, Patterson and Henderson, a general partnership, represents 20 plaintiffs in a class-action product liability lawsuit, with trial scheduled to begin Monday of next week. It will be the biggest trial in the history of the firm, and the partners understand that success will depend, for the most part, on a collaborative effort on the part of all professionals at the firm, including partners, associate attorneys, paralegals, and secretarial staff. It is the Friday before the trail, and there will be no weekend for those working at Poe, Patterson and Henderson.

The partners and the associate attorneys are reviewing depositions in the conference room. The clock on the wall shows 11:00 p.m. Partner Henderson turns to a first-year associate, J. Benjamin Fotheringham, and says “Ben, how about going to Donovan’s Delicatessen and picking up a few subs for all of us? Here’s $100.” Donovan’s Delicatessen is a favorite of the firm for “late-night” trial preparation sustenance, and is located approximately two miles away, down Chestnut Avenue.

Eager to make a positive impression on senior partner Henderson, and ready to escape the “tunnel-vision” brought on by twelve hours of deposition review, Ben heads for his car. In a rush to complete the “deli run” quickly, Ben accelerates his car to 50 miles per hour. The posted speed limit on Chestnut Avenue is 35 miles per hour.

Fidgeting with his compact disc player in order to listen to an audio-recorded deposition, Ben inadvertently crosses the center line and collides with an oncoming automobile operated by Brandi Kernigan. Ms. Kernigan is severely injured, and experiences $22,000 in medical expenses; her $25,000 Volkswagen is a total loss. She sues Fotheringham individually, and the law firm partnership of Poe, Patterson and Henderson. Kernigan also lists Poe, Patterson and Henderson as individual defendants.

Is the law firm of Poe, Patterson and Henderson liable for Brandi Kernigan’s injuries? Are Poe, Patterson and Henderson individually liable for Kernigan’s injuries?

Explanation / Answer

Partner Dewey was the one that sent Ben to go and get food and although it may not have been fully written in his job description there is probable assumption that he had gone to the Deli before in prior cases to retrieve food. With that being said under the tort liability the agent (in this case Ben) would be liable for the injuries Ms. Kernigan received, and the principal (the law firm) could possibly be held liable as well. As stated in our books that under “respondeat superior the principal/employer holds vicarious liability, which is a liability assigned without fault, for any harm that agent/employee causes while working for the principal.” “The third party must show that the wrongful act occurred within the scope of the employment.” In this case Ms. Kernigan would need evidence of the authorization of sending Ben to the Deli late at night and how his rushing to return caused the car crash.

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