Lofty Lawn
What is Sarah's theory?
Will she succeed?
Sarah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." Since he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.
She will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. Since he failed, Lofty Lawns is not to blame.
The only case, in which Larry Lawns may be held to blame, is if he intentionally hired a worker whom he knew to be careless with driving, or if he did not consult the employees' driving record.
Generally, an employer is not liable for an employee's criminal or tortious act, whether negligent or intentional... An exception exists in the case of a claim of negligent hiring. An employer may be held responsible for the criminal or wrongful acts of [his] [her] [its] employee, even if those acts occur outside the scope of employment, if the employer was negligent in the manner in...
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