Dawn is a driver for Fast as We Can Delivery. She is a long-time employee and ha

Question

Dawn is a driver for Fast as We Can Delivery. She is a long-time employee and has the use of her delivery vehicle to get her to and from work. One evening after she completed her shift, Dawn is asked by her supervisor, Ian Smart, to drop off a special package at the DNA Laboratories, a research institute funded by the state. Rather than driving straight to DNA after work, Dawn stops at a supermarket to pick up a few things she needs at home. After leaving the supermarket and on the way to DNA, Dawn's vehicle is involved in an accident with Mr. Dewey Cheatum. Mr. Cheatum seeks to bring an action against Dawn, DNA Labs, and Fast as We Can Deliver. Please discuss the potential liability in this case and the potential defenses that might be used by all the parties.

Explanation / Answer

The details of the case describes that Dawn got involved in an accident unfortunately and now the opposite party Mr. Cheatum wants to bring an action against her, her organization %u2018Fast as We Can Deliver%u2019 as well as against %u2018DNA Labs%u2019 that was her destination.

Here, it is not clear that who was responsible for the accident over all, if it was by mistake of Dawn then, she could be blamed as well as her organization, that is, %u2018Fast as We Can Deliver%u2019. Because, in %u2018Respondent superior%u2019 Legal doctrine it has been stated that,%u201D in many circumstances, an Employer is responsible for the actions of employees performed within the course of their employment.%u201D ("Master-Servant Rule").

This rule may be used against %u2018Fast as We Can Deliver%u2019. But, here this organization may argue that, accident happened due to a detour or diversion route adopted by Dawn and as accident is a by chance case, so, perhaps it would not occur if she did not adopt it.

But, if Mr. Cheatum tries to blame %u2018DNA Labs%u2019, then, there is no logic behind this. As, it is not involved in the case directly or indirectly. Merely, a person%u2019s involvement in an accident, who was going there, can%u2019t include it in any legal matter.

So here, it appears that it%u2019s Dawn who is mainly going to pay for it, but, if she could prove that it was Mr. Cheatum%u2019 s driving mistake that was responsible for the accident (as this point is not clear in the text that, actually who was responsible for the accident) then, she may win the case too.

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