Ii yes the employers duty to exercise reasonable care

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ii. Yes - The employer’s duty to exercise reasonable care to control its employee may extend to activities performed outside the scope of employment, under the respondeat superior doctrine . It can also be reasonably inferred that the D negligently supervised the driver. 3. O’Connor v. McDonald’s Restaurants of California, Inc. i. Due to the intent, nature/time/place of his conduct, work he was hired to do, his employer’s reasonable expectations, his freedom in performing duties and the amount of time consumed in personal activity – court found that it is can be reasonably inferred that Evans did not completely abandon his special errand. C HAPTER N INE : P ROFESSIONALS 1. Intro a. Tort cases involving professionals like any other case require proof of duty, breach, causation, and damages. A number of doctrines have developed to clarify the role of those elements for professional malpractice cases. 2. Professional Standard’s Basic Definition and Rationale a. Courts differ re: the standard of care for professionals requires a jury to compare a professional’s conduct to his or her profession’s position on proper conduct or to the jury’s own conclusion about what conduct is reasonable. b. Osborn v. Irwin Memorial Blood Bank – at 3 weeks of age, baby Osborn contracted AIDS from a blood transfusion at D’s center. 1. Holding: Irwin cannot be found negligent for failing to perform tests that no other blood bank in the nation was using; held to industry standard. 19
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2. Difference between this and TJ Hooper, where custom gave way to new technology: was knowledge of these test readily available? 3. Rule: professional prudence is defined by actual or accepted practice within a profession, rather than theories about what “should” have been done. c. Nowatske v. Osterloh – P had eye surgery, doctor explained potential risks; after surgery parties had a dispute whether doctor measure pressure in eye. P became permanently blind. 1. Holding: Defendant held to standard of reasonable care, skill and judgment – not necessarily embodied by the customary practice of the profession. 2. Custom is very important here – must be reasonable. The custom can be outdated – but doctor must demonstrate that the methods are customary. 3. Rule: in terms of the medical standard of care, looking for a reasonably prudent doctor when assessing the professional standard. A reasonably prudent doctor keeps up reasonably with knowledge, and doctors must adapt to upgrading medical technology. The standard of customary care continues to increase. d. Rossell v. VW of America ; driver falls asleep, flipped into ditch, battery leaked and burned her baby. Driver alleged negligent design of battery system created unreasonable risk of harm. VW argues that putting the battery in the passenger compartment is industry custom.
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Christopher Reinemann
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