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Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the company's best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.

Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck off-loading gasoline to the station's gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim.
1.Can Jim recover damages from Ruth; from Flowers' Inc? Why or why not?
2.Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth.
3.Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.

Need a 3 page paper apa style for the above scenerio.

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The response addresses the query posted in 1150 words with APA references

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The response addresses the query posted in 1150 words with APA references

//The particular case depicts a fire incident at the gas station and a public injury suffered by a motorist named Jim due to careless car parking by Ruth, who is an employee of a flower delivery company. The particular case will be discussed by focusing on the liability compensation and specifically discussing the aspects of damage recovery by the victim, cause of action, and the legal doctrine.//

Jim, who is the victim in the particular case, cannot possibly recover damages from Ruth, who is responsible for the public injury and damage caused by him, but instead from his employer, Flowers Inc. Under the respondeat superior liability, although, the employee is faulty for the accident, the occurrence of accident happened within the range of employment. Therefore, as per the respondeat superior liability, the employer is responsible, accountable and liable for the damage resulted from the accident (BizFilings, 2016). Since, the case clearly depicts that due to unavailability of delivery trucks, Ruth was directed by his employer to use the personal vehicle for delivering the flowers. Jim can claim for cover charges by proving that Ruth was at fault while parking the vehicle due to his sheer negligence.

The negligence was on the part of the employer due to inadequate knowledge about the employee being completely fit for driving a vehicle. It was the duty of the employer to check the driving license of Ruth to ensure that he was a trained driver and would not commit any negligence such as inappropriate or careless parking (BizFilings, 2016). Therefore, Jim, in this case, could claim damages from the employer and demand for 'personal injury compensation claim' by proving that the injury and the damage inflicted on him is an outcome of the negligence of the other party. The case of Jim comes under the type of accident in the public place for which he ...

Solution provided by:
Ashish Sharma, MBA (IP)
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  • MBA (IP), International Center for Internationa Business
  • BBA, University of Rajasthan
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