Substrate Record: qid 1268

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qid 1268 · law

Question: An employee wdrked as a delivery person for a drugstore. As part of the employee's duties and responsibilities, he would regularly deliver prescriptions and other items (such as toiletries, cosmetics, vitamins, and gift products) to customers. One afternoon while the employee was on duty, he remembered that it was his girlfriend's birthday. He went ahead and bought her a bottle of perfume from the pharmacy's cosmetics department. The employee paid the full price of $79. 95 for the perfume and had the perfume gift wrapped. He then drove to the girlfriend's house in the company van to personally deliver the birthday present. This trip took place during the employee's regular working hours while he was en route to make another delivery from his van. As he was traveling to the girlfriend's house, he was in such a hurry that he drove through a red light and collided with a vehicle owned and operated by a driver. The driver, who had entered the intersection on the green light, tried unsuccessfully to swerve and stop but was unable to avoid the employee's vehicle. The driver was injured in the accident, which caused extensive damage to both vehicles. If the driver brings suit against the drugstore to recover damages arising from the accident, the driver will probably

1. prevail, because the employee was using the company van at the time of the accident.
2. not prevail, because the employee paid for the perfume with his own money.
3. prevail, because the driver had the right of way at the time of the accident.
4. prevail, because the employee was under the control and direction of the drugstore at the time of the accident.
5. not prevail, because the employee was personally responsible for the accident.
6. not prevail, because the drugstore did not directly cause the accident.
7. not prevail, because the drugstore was not negligent in hiring the employee.
8. prevail, because the employee was on duty at the time of the accident.
9. not prevail, because the employee was acting outside the scope of the employment relationship at the time of the accident.
10. prevail, because the employee paid for the perfume.

Our answer: D. prevail, because the employee was under the control and direction of the drugstore at the time of the accident. Source quote machine-checked (exact quote)

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