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Kent is retained by Mighty Manufacturing, Inc. to perform welding. He was specia

ID: 1257617 • Letter: K

Question

Kent is retained by Mighty Manufacturing, Inc. to perform welding. He was specially trained in safety precautions applicable to installing replacement mufflers on automobiles including a rule against installing a muffler on any auto that had heavily congealed oil or grease or that had any leaks. One day when he was asked to weld a customer’s muffler, Kent disregarded this rule and as a result a customer’s auto caught fire during repair, causing injury to Kent, the car and the Mighty Manufacturing shop. Explain who can sue whom for what.

Explanation / Answer

Mighty is liable to the customer irrespective of its efforts to prevent such an occurrence and its exercise of reasonable care.