John Stokely is responsible for injuring the motorcyclist while driving a vehicle from AAA Auto Dealers. Employers are vicariously liable under the respondeat superior doctrine. In the respondeat superior doctrine, in most cases, an employer is responsible for the actions of employees performed within the scope of employment. John Stokely used the company’s vehicle for personal reasons, regardless of what they were, and negligently collided into and injured someone on a motorcycle. John Stokely is a sales executive for AAA Auto Dealers. Not only did he use the company’s car for personal reasons, his boss accompanied him on the visit to a family member’s house for dinner. The boss was excusing John Stokely’s behavior, allowing him to use company property for a different purpose other than what it was intended for. John Stokely’s boss accompanied him to his cousin’s house so it can be argued that John Stokely had “permission” to do what he wanted. The boss will be held responsible by the owner(s) of AAA Auto Dealers as well by allowing John Stokely to act outside of his job description.…
On 8/6/15 Mr. and Mrs. Lecaine were restraint driver and passenger in their vehicle. They were at a complete stop when they were rear ended and pushed into the vehicle stopped in front o them. The car that hit them was going approximately…
On 11/3/2015 S/S EMT Salamy requested S/O EMT Perez up at VP-106. S/O EMT Perez had treated the resident earlier and the resident, a Mrs. Miriam Donovan had been discharged by Laurel Hospital and was confused and agitated upon arrival back to her apartment. SO EMT Perez arrived at the apartment and was told by S/S EMT Salamy that the son, a Mr. John Donovan was on his way to the apartment with an ETA of about an hour. Mrs. Donovan was confused on why she could not be with her husband in Arbor Ridge and that she believed that she was being brought in to some sort of “ruse”. SO EMT Perez attempted to explain the situation several times but due to Mrs. Donovan’s hard of hearing and mental status it was all for not. SO EMT Perez sympathized with Mrs. Donovan and calmed her down as best he could while assuring her that her son was on his way and that he would not leave her side until he arrives.…
On 03/19/2016, at approximately 0006 hours, your Affiant was dispatched to Rener's Warehouse Markets for a domestic. The caller reported a male operating a black Volkswagen drive at a high rate of speed through the parking and onto the sidewalk at the entrance of the store trying to strike a female with his vehicle. The male then began screaming at the female.…
On Tuesday, 01/03/207, at 1442 hours, I, Deputy Stacy Stark #1815 was dispatched to take a telephone report for a theft. I spoke to the victim, Philip B. Royster (M/W, DOB: 05/04/1961). Royster stated someone stole numerous tools from his shop trailers parked on Boat Dock Rd. I requested to meet Royster in person at the location to take the report, he agreed.…
Documents and logs since then have been altered and missing in the plant files . The company claims that the case that’s pleaded is bogaus , they are trying to suppress the accident happened because of there employee. The main warning siren did not go off initially . Instead it went off a grueling two hours later . Finally the Indian Government accepted moral responsibility . They paid $470 million dollars in compensation , a measly fee for the damage . The warning came too late for 15,000 men, women, and children…
Upon arrival to the scene at approximately 1407 hours, I met with Cpl. Mannarino and M/Deputy Pracht, who advised me of what occurred. I then met with Deputy Ivey, who is originating the DHSMV traffic crash report. (86566742). William Kirby was driving a 2013 Kenworth truck and pulling a 2016 Mack tanker trailer. Kirby had just loaded 7,000 of red diesel fuel into the tanker trailer, and was leaving the property. Kirby stopped and exited the truck to pick up the Bill of Lading. Kirby walked back to his truck, drove…
Sebastian Carbello known as Seb is a 45-year-old Hispanic man who is an Australian citizen. Having a graduate level in law, Seb is a corporate lawyer in Brisbane Queensland. His work life is highly stressful; as it requires time and toll on his daily life outside the office, as well pressure to maintain a professional image. Carbello is divorced with two children and pays child support to assist his ex-wife for their children. As a corporate lawyer, Sebastian is a high-income earner who obtains private health care, household and car insurance.…
While taking photographs, I noticed the damage to the front of the truck was consistent with the damaged area of the fence. Witness statements were filled out and scanned into case, Photographs on S: Drive.…
On 3/15/16 at 8:18 P.M, while performing a Truck yard audit Shift Supervisor (S/S) Enmanuel Cabrera and Security Officer (S/O) Zachery Smith notice that was an unsecured trailer in the truck yard. The Fed- ex Ground trailer 954205 was located in slip location F127, it was properly secured with bolt seal 035141. Afterward, S/S Cabrera notified Inbound Area Manager Matthew Corrado about the situation at hand.…
On the occasion in question, defendant, Frank Cuellar driver for ANHEUSER-BUSCH COMPANIES, INC., Cueller was traveling behind King and signaled, using his headlights, to allow him to pass King. King moved to the center lane. As Cueller passes King, a load of beer fell onto King’s path.…
On Friday, September 30, 2016 at approximately 0748 hours, I was dispatched to The Botany Bay, (420 East New Circle Road) in reference to a theft by unlawful taking. Dispatch advised that the suspect was sitting on a bus stop bench in front of the business. The suspect was still sitting on the bench when I arrived on scene at approximately 0755 hours. After arriving on scene I requested a backup unit from dispatch. I got out of my cruiser and I questioned Ms. Taavetti Chen (DOB 04-24-1986) about the complaint.…
In this case, through the events that had transpired the drivers had committed larceny, and driver #2 also committed extortion and assault on truck driver #1.…
The employee who stole the shipment will cause the company to be responsible for the recovery for the injury. I believe that this is a case of the doctrine of respondeat superior. This is Latin for “let the master respond”. The employee is an agent of the company therefore the employer is responsible for their actions. Even though the employer had no idea of knowing what the agent was going to do, the company is still liable for his/her actions. As noted in the text, the following example was given, “If a truck driver, the employee of a delivery firm, negligently runs a red light and injures a pedestrian, the owner of the truck is liable for the injury” (Hallowell & Miller, 2012). In addition, the employee could be terminated because of his/her actions while being employed as an agent. The employee could be terminated because an injury or possible death occurred that was not what the agent was contracted to do. The employee could also be prosecuted because the wood pulp was stolen. Even though it was an effort to impress the company it is still punishable by law because the goods were stolen, not…
“This turned my life upside down.” Lester Rodriguez lived a life where what could go wrong did. As a young boy Rodriguez did not know the circumstances he was going to be in. He just followed directions without question. This all changed during the summer of his seventh grade year.…