Answered! JimmyJon’s Sandwich employs Uri as a delivery driver. JimmyJon’s guarantees that an order will be delivered…

JimmyJon’s Sandwich employs Uri as a delivery driver. JimmyJon’s guarantees that an order will be delivered within thirty minutes or there is no charge, and insists that its drivers meet the limit. One night, while making a delivery, Uri is caught in a traffic jam. To deliver the sandwich within the thirty-minute time limit, Uri drives onto a sidewalk and hits Yve, a pedestrian. Is JimmyJon’s liable to Yve for her injuries? Is Uri liable to Yve? Why or why not?

Expert Answer

In this case the tort in question is that of negligence. Every individual, agent or an employee is completely liable for his or her own actions. This is irrespective of the fact that whether such acts are committed within the scope of employment of the principal. As part of the doctrine of respondeat superior the liability is also on the principal if the tort falls within scope of employment.

An important consideration in determining the liability of the principal is whether the agent or employee was acting toward furtherance of business of the principal or was indulging in his or her own frolic.

Accordingly third persons injured by an agent can successful hold the employer liable for the agent’s action provided the tort was committed when the agent was acting within the scope of employment.

In this case JimmyJon is liable to Yve for her injuries because Uri was acting within scope of his employment and was trying to fulfill the thirty minutes guarantee. In the individual capacity Uri is also liable as individual is always liable for own actions.

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