Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead.
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Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead. During his
previous employment at another company, Dave had been involved in a workplace fistfight with a fellow employee,
resulting in criminal charges.
One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big
Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with
another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the
road for the police to arrive, Victor comments to Dave, “Oh, you drive for Empire Courier Service. It doesn’t surprise me
that Empire hires bad drivers because their service stinks, and their prices are too high!” Dave is so offended that Victor
would insult his employer’s professional reputation that he punches Victor in the face, causing Victor to suffer even more
injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.
Considering the legal principles discussed in Chapter 20, explain who is liable for Dave’s negligence for causing the car
accident, and explain who is liable for Dave’s intentional tort for punching Victor. Provide your answers in a case analysis
of a minimum of 500 words. Cite any direct quotes or paraphrased material from outside sources. Use APA format.
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