A grocery clerk brought a woman that had gone into labor to the hospital, using the grocery store's vehicle. The woman arrived at the hospital in time, but the employee ran over Mr. Melnick's dog. Melnick came to the store to complain to the manager.
Discuss the case. Answer the following questions in your response:
1 Analyze the Doctrine of Respondeat Superior.
2 What factors are considered in determining whether a particular act is subject to Respondeat Superior?
3 In the scenario, what tort is being used by the plaintiff?
4 What defenses are available to the defendant?
In responding to the question be sure to:
Analyze the Doctrine of Respondeat Superior.
Discuss the factors considered in determining whether an employer will be liable for an
Evaluate the tort in the given scenario.
Discuss the defenses available to the employer under Respondeat Superior
The Doctrine of "Respondeat Superior" means that the "master" in this type of employer-employee relationship is responsible for the actions of its employees who commit a tortious action while working for the employer. Here, the employee saw a customer who had gone into labor needing to be transported to a hospital because she had gone into labor. The employee made a calculated decision regarding what to do and how to do it. Generally, in a "respondeat superior" situation, any tortious actions committed by an employee during that party's actions while at work are imputed to the employer. Any time that an employee, during the course of his workday, is involved in a tortious action, that ...
An analysis of the Doctrine of Respondent Superiors are given.