Legal Memorandum Employer Liability – Top Premier Essays

Read the fact pattern below

Prepare a memorandum of no less than three, but no more than five, pages that:

Summarizes the relevant facts
Determines whether an agency relationship exists and the nature of the agency and agent’s authority if the relationship does exist
Analysis of whether the employer is vicariously liable for each tortious act identified including the basis for such vicarious liability

Adventures in Pizza Delivery You work at a general practice lawfirm. About three years ago, the firm helped Luigi form a limited liabilitycompany for his pizza parlor. Luigi has now come to the office seeingrepresentation as his company has been sued in tort twice in one week. Yoursupervising attorney asks you to do the initial intake and prepare a memoregarding Luigi’s exposure and any defenses he might have against the suit. Luigi’s Pizza Parlor offers homedelivery. In fact, if your pie isn’t delivered within 60 minutes of your order,it’s free. One of Luigi’s drivers is Carmen. Carmen is paid by the hour andreceives tips. Luigi creates her schedule. Carmen does use her own car fordeliveries but is reimbursed for mileage by Luigi. She delivers only to theaddresses Luigi gives her but picks her own route to get to the location. Carmen’s the best driver Luigi has becauseshe’s always on time and Luigi never has to forfeit the price of a pie shedelivers. Well, she was the best… Two weeks ago, Luigi took an orderfor a birthday party – three cheese and two pepperoni pizzas – and gives thedelivery job to Carmen. Knowing that her bank account willbe overdrawn if she doesn’t deposit the paycheck she just received, she decidesto pick a route to the house that has her bank on the way. It’s not thequickest route, but she figures she will have plenty of time to deposit thecheck and still make the delivery within the deadline. Carmen runs through the bank’sdrive thru and deposits the paycheck. However, she misjudges the speed of thetraffic coming down the street as she pulls into the traffic and gets hit by acar. The driver takes her insurance card and notes the Luigi’s Pizza Parlorsign on the roof of her car. The police arrive and ticket her for failing toyield. Carmen is now late and is ticked.Her perfect delivery record is ruined. She pulls into the driveway to deliverthe pizzas. Company policy is not to pull into a customer’s driveway but ratherpark on the side of the street, but Carmen is pressed for time and ignores therule. After delivering the pizza, she jumps in her car to return to the parlorfor the next delivery run. She fails to check her rear view mirror andaccidently bumps into a child riding a bicycle that was on the street in frontof the driveway. Carmen is both afraid and mad at herself because she knows ifshe would have either checked the mirror or followed the “no driveway rule,”she wouldn’t have hit the kid.Carmen jumps out the car and saw ayoung boy on the ground. Timmy, who is six, was out of control screaming andcrying. The child’s mother, Tina, who witnessed the entire accident from heryard across the street, ran over, screaming and crying as well. Tina examinedthe child and found several scrapes and abrasions but nothing else. The bike,however, was damaged. Its frame and front wheel bent under the force of the carpinning it down.After suffering through Tina’sscreaming and threats, Carmen waited once again for the police to arrive on thescene. She was ticketed for failing to yield to a pedestrian and for recklessdriving. Timmy was taken to the ER. The ER confirmed that Timmy’s injuries wereconfined to the scrapes and abrasions on his knees and elbows. His bike helmetspared him from any head trauma. Luigi and Carmen have been sued bythe driver involved in the traffic accident by the bank and sued in a separatesuit by Timmy’s parents. Both complaintsallege negligence on behalf of Carmen and that Luigi’s Pizza Parlor isvicariously liable. Tina, Timmy’s mother, has also sued for negligentinfliction of emotional distress.
 
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