10. On or before the date in question, Defendant, Anheuser-Busch, negligently and in violation of proper safety standards failed to employ competent and careful employees to load, secure and inspect the cargo, resulting in the freight to disembark from the truck while in transit.…
John Stokely is responsible for injuring the motorcyclist while driving a vehicle from AAA Auto Dealers. Employers are vicariously liable under the respondeat superior doctrine. In the respondeat superior doctrine, in most cases, an employer is responsible for the actions of employees performed within the scope of employment. John Stokely used the company’s vehicle for personal reasons, regardless of what they were, and negligently collided into and injured someone on a motorcycle. John Stokely is a sales executive for AAA Auto Dealers. Not only did he use the company’s car for personal reasons, his boss accompanied him on the visit to a family member’s house for dinner. The boss was excusing John Stokely’s behavior, allowing him to use company property for a different purpose other than what it was intended for. John Stokely’s boss accompanied him to his cousin’s house so it can be argued that John Stokely had “permission” to do what he wanted. The boss will be held responsible by the owner(s) of AAA Auto Dealers as well by allowing John Stokely to act outside of his job description.…
On 8/6/15 Mr. and Mrs. Lecaine were restraint driver and passenger in their vehicle. They were at a complete stop when they were rear ended and pushed into the vehicle stopped in front o them. The car that hit them was going approximately…
On 03/19/2016, at approximately 0006 hours, your Affiant was dispatched to Rener's Warehouse Markets for a domestic. The caller reported a male operating a black Volkswagen drive at a high rate of speed through the parking and onto the sidewalk at the entrance of the store trying to strike a female with his vehicle. The male then began screaming at the female.…
On Tuesday, 01/03/207, at 1442 hours, I, Deputy Stacy Stark #1815 was dispatched to take a telephone report for a theft. I spoke to the victim, Philip B. Royster (M/W, DOB: 05/04/1961). Royster stated someone stole numerous tools from his shop trailers parked on Boat Dock Rd. I requested to meet Royster in person at the location to take the report, he agreed.…
Documents and logs since then have been altered and missing in the plant files . The company claims that the case that’s pleaded is bogaus , they are trying to suppress the accident happened because of there employee. The main warning siren did not go off initially . Instead it went off a grueling two hours later . Finally the Indian Government accepted moral responsibility . They paid $470 million dollars in compensation , a measly fee for the damage . The warning came too late for 15,000 men, women, and children…
On 3/15/16 at 8:18 P.M, while performing a Truck yard audit Shift Supervisor (S/S) Enmanuel Cabrera and Security Officer (S/O) Zachery Smith notice that was an unsecured trailer in the truck yard. The Fed- ex Ground trailer 954205 was located in slip location F127, it was properly secured with bolt seal 035141. Afterward, S/S Cabrera notified Inbound Area Manager Matthew Corrado about the situation at hand.…
Upon arrival to the scene at approximately 1407 hours, I met with Cpl. Mannarino and M/Deputy Pracht, who advised me of what occurred. I then met with Deputy Ivey, who is originating the DHSMV traffic crash report. (86566742). William Kirby was driving a 2013 Kenworth truck and pulling a 2016 Mack tanker trailer. Kirby had just loaded 7,000 of red diesel fuel into the tanker trailer, and was leaving the property. Kirby stopped and exited the truck to pick up the Bill of Lading. Kirby walked back to his truck, drove…
While taking photographs, I noticed the damage to the front of the truck was consistent with the damaged area of the fence. Witness statements were filled out and scanned into case, Photographs on S: Drive.…
1. What would you have advised Alex Rodriguez upon his being charged with steroid use?…
A truck drive was discharged for failing to make timely deliveries and not using the quickest, most direct route as previously instructed. The company warehouses and distributes wholesale floor covering products and operates from several locations. The driver was hired in November 2000 and during his relatively short, eight-month tenure with the company received a total of four other employee warning reports. According to the employer, the driver demonstrated a continuing pattern of failing to follow orders, company policies, and supervisory instructions involving the use of a global positioning system (GPS) mounted in his truck, completing daily driving logs, and utilizing toll roads for the best way to make deliveries in a timely fashion. On two occasions the employee simple failed to complete his deliveries, costing the company extra expense and a loss of customer satisfaction. The triggering even for his termination was his refusal to use the toll road to make a delivery even though he was offered an advance of the toll road fee. In response, the union claims that the employee’s failure to use toll road was justified because he was already owed $87.32 in post-toll reimbursements. One of the employee’s prior warning reports was grieved and settled in his favor, and he was disputing the remaining three at the time of his discharge. In this grievance he is challenging his discharge, seeking reinstatement with back pay, seniority, and benefits.…
The employee who stole the shipment will cause the company to be responsible for the recovery for the injury. I believe that this is a case of the doctrine of respondeat superior. This is Latin for “let the master respond”. The employee is an agent of the company therefore the employer is responsible for their actions. Even though the employer had no idea of knowing what the agent was going to do, the company is still liable for his/her actions. As noted in the text, the following example was given, “If a truck driver, the employee of a delivery firm, negligently runs a red light and injures a pedestrian, the owner of the truck is liable for the injury” (Hallowell & Miller, 2012). In addition, the employee could be terminated because of his/her actions while being employed as an agent. The employee could be terminated because an injury or possible death occurred that was not what the agent was contracted to do. The employee could also be prosecuted because the wood pulp was stolen. Even though it was an effort to impress the company it is still punishable by law because the goods were stolen, not…
“This turned my life upside down.” Lester Rodriguez lived a life where what could go wrong did. As a young boy Rodriguez did not know the circumstances he was going to be in. He just followed directions without question. This all changed during the summer of his seventh grade year.…
Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities, worked for the National Guard, and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held, Theurer worked five nights. One night he worked until midnight, another until 11:30pm, two nights until 9pm, and another until 11pm. On Monday, April 4th, 1988, Theurer worked from 3:30 until 7:30pm, followed by the clean up shift beginning at midnight until 5am on April 5th, and then he worked another shift from 5am until 8:21am. During that shift, Theurer told his manager he was tired and asked to leave from his next regular shift. The manager accepted his request, and Theurer began to drive home. He was driving 45 miles per hour on a two lane road when he either fell asleep or became drowsy. Theurer crossed the dividing lane into on-coming traffic, and crashed into Frederic Faverty’s minivan. Theurer was killed and Faverty was seriously injured. Faverty settled his claims with Theurer’s estate, and then he filed suit against McDonald’s.…
On the occasion in question, defendant, Frank Cuellar driver for ANHEUSER-BUSCH COMPANIES, INC., Cueller was traveling behind King and signaled, using his headlights, to allow him to pass King. King moved to the center lane. As Cueller passes King, a load of beer fell onto King’s path.…