Question

Ben, an accountant, tells his secretary to go to the office supply store and purchase some pen and paper. On the way there, the secretary decides to go to McDonalds and while driving into the McDonald’s parking lot, she hits a pedestrian. Should Ben be liable to the pedestrian? (Whether your answer is "yes", "no" or "it depends", please elaborate on how you came to that conclusion. This question is best answered using Issue, Rule, Apply, Conclude: IRAC)

Answer 1

No. Ben cannot be liable for his Secretary’s actions who hit a pedestrian because it was not a negligent act on the part of Ben, but instead his Secretary was solely responsible for the same. Hence, in the event of an accident, Ben would not have been liable to compensate for the same nor could his Secretary sue her employer to claim for her injury though it happened during her ‘Duty hours’. The exception would only have been a 'Woodson claim' provided Ben was deliberately negligent but in this case, such was also not the case and therefore no liability for Ben.