Week 5 Assignment
Independent Contractor Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes fell while trying to cross a 6-inch-deep stream while the tour group was on a walking tour to see hippopotami in a river at a game reserve. In the process, she injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable? Connolly v. Samuelson, 671 F.Supp. ...view middle of the document...
A truck owned by Newspaper Agency Corporation (NAC) and operated by its employee, Donald Rogers, crossed the intersection and jumped the curb, killing David and injuring Ray. Before reporting for work on the evening of the accident, Rogers had consumed approximately seven mixed drinks containing vodka and had chugalugged a 27-ounce drink containing two minibottles of tequila. His blood alcohol content after the accident was .18 percent.
Evidence showed that the use of alcohol and marijuana was widespread at NAC and that the company made no effort to curtail such use. Evidence further showed that NAC vehicles were returned with beer cans in them and that on one occasion, an NAC supervisor who had observed drivers smoking marijuana had told the drivers to “do it on the road.” Ray Johnson sued Rogers and NAC for the wrongful death of his child, David, and physical injury to Ray. Is NAC liable? Johnson v. Rogers, 763 P.2d 771, 90 Utah Adv.Rep.3, Web 1988 Utah Lexis 81 (Supreme Court of Utah)
Is NAC liable?
During the incident, Donald Rogers reported for work and was driving NAC’s truck and was acting within the scope of his employment. After reviewing the incident, the driver (Donald) was at fault, he was being careless and caused harm to the plaintiff. Since Donald was employed by NAC and was using their truck at the time of the incident, NAC is also liable under the doctrine of respondent superior. A legal doctrine, most commonly used in tort, which holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency. The fact is that Donald was negligent and can be held responsible for his drinking as well as NAC being responsible for his drinking on the job and be liable for punitive damages but they would be liable even if Donald hadn’t been drinking, he was still at fault for the accident.
Liability of General Partners Pat McGowan, Val Somers, and Brent Robertson were general partners of Vermont Place, a limited partnership formed for the purpose of constructing duplexes on an undeveloped tract of land in Fort Smith, Arkansas. The general partners appointed McGowan and his company, Advance Development Corporation, to develop the project, including contracting with materials people, mechanics, and other suppliers. None of the limited partners took part in the management or control of the partnership. Eight months later, Somers and Robertson discovered that McGowan had not been paying the suppliers. They removed McGowan from the partnership and took over the project. The suppliers sued the partnership to recover the money owed them. The partnership assets were not sufficient to pay all their claims. Who is liable to the suppliers? National Lumber Company v. Advance Development Corporation, 293 Ark. 1, 732 S.W.2d 840, Web 1987 Ark. Lexis 2225 (Supreme Court of Arkansas)
Who is liable to the suppliers?