Employer hired Driver to operate a delivery van. Before allowing Driver to operate the van, Employer checked Driver's prior job references, required Driver to undergo a physical examination by a medical doctor, and provided Driver with extensive training in motor vehicle safety. Medic, the medical doctor who examined Driver, discovered that Driver had a sleep disorder that caused Driver to spontaneously fall asleep and that Driver had on several occasions fallen asleep while driving. Driver pleaded with Medic not to inform Employer of the sleep disorder. Medic agreed, and omitted this information from the physical examination form that he sent to Employer. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." Employer then provided Driver with a daily delivery route and paid him a monthly salary. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a result. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. Does the Pedestrian have case against Driver's alleged negligence? Discuss. What arguments will Pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against: a. Employer? B. Medic? Discuss.

Practical Management Science
6th Edition
ISBN:9781337406659
Author:WINSTON, Wayne L.
Publisher:WINSTON, Wayne L.
Chapter2: Introduction To Spreadsheet Modeling
Section: Chapter Questions
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Assignment 2
Employer hired Driver to operate a delivery van. Before allowing Driver to operate the van, Employer
checked Driver's prior job references, required Driver to undergo a physical examination by a medical
doctor, and provided Driver with extensive training in motor vehicle safety. Medic, the medical doctor
who examined Driver, discovered that Driver had a sleep disorder that caused Driver to spontaneously
fall asleep and that Driver had on several occasions fallen asleep while driving. Driver pleaded with
Medic not to inform Employer of the sleep disorder. Medic agreed, and omitted this information from
the physical examination form that he sent to Employer. Medic also sent a letter to Employer assuring
Employer that Driver was "in all respects fit for employment as a delivery van operator." Employer then
provided Driver with a daily delivery route and paid him a monthly salary. While Driver was making
deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a
result. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident
against Driver, Employer, and Medic. Does the Pedestrian have case against Driver's alleged negligence?
Discuss. What arguments will Pedestrian make in support of his claims of negligence, what defenses can
reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against: a. Employer?
B. Medic? Discuss.
Transcribed Image Text:Assignment 2 Employer hired Driver to operate a delivery van. Before allowing Driver to operate the van, Employer checked Driver's prior job references, required Driver to undergo a physical examination by a medical doctor, and provided Driver with extensive training in motor vehicle safety. Medic, the medical doctor who examined Driver, discovered that Driver had a sleep disorder that caused Driver to spontaneously fall asleep and that Driver had on several occasions fallen asleep while driving. Driver pleaded with Medic not to inform Employer of the sleep disorder. Medic agreed, and omitted this information from the physical examination form that he sent to Employer. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." Employer then provided Driver with a daily delivery route and paid him a monthly salary. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a result. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. Does the Pedestrian have case against Driver's alleged negligence? Discuss. What arguments will Pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against: a. Employer? B. Medic? Discuss.
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