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A. IS THE EMPLOYER RESPONSIBLE TO THIRD

A. IS THE EMPLOYER RESPONSIBLE TO THIRD

Please read the following fact pattern and address all three of the questions. Only discuss relevant issues! I am not as interested in your outcome (who will end up winning) as I am in how you use the law to support your points. Base your answer only on facts given. If additional information is needed, tell me that. Your answers should be about 200 words and are due Friday November 27th (delay due to Thanksgiving). Then by November 30th (delay due to Project Two) give two substantial responses to your classmates’ posts.

McBain Truck Company had an established rule that its truck drivers were not allowed to carry passengers in the trucks. Further, this rule was included in the contract between the union and the company. Balsom, a driver for McBain, invited a friend to ride in his truck on a day’s delivery trip. As a result of Balsom’s carelessness during the trip, the truck was involved in a collision and his friend was seriously injured.

a. Is the employer responsible to third parties for injuries caused by an employee in the normal performance of employment?

b. Would Balsom be held responsible for the injuries?

c. Is an employer liable to third parties for all actions of an employee?

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