In the video that you watched, a grocery clerk brought a woman that had gone into labor to the hospital, using the grocery store’s vehicle. The woman arrived at the hospital in time, but the employee ran over Melnick’s dog. Melnick came to the store to complain to the manager.
Discuss the case. Answer the following questions in your response:
1 Analyze the Doctrine of Respondeat Superior.
2 What factors are considered in determining whether a particular act is subject to Respondeat Superior?
3 In the scenario, what tort is being used by the plaintiff?
4 What defenses are available to the defendant?
In responding to the question be sure to:
Analyze the Doctrine of Respondeat Superior.
Discuss the factors considered in determining whether an employer will be liable for an employee’s actions. Evaluate the tort in the given scenario. Discuss the defenses available to the employer under Respondeat Superior.
APA format, 2 pages, references
Video 35: Agency and Respondeat Superior - Script
OSCAR stands in his favorite section of the market, the fruit section. There they are, all the vegetables, shiny, wet, clean. It's peaceful for a change. We see him pick up a piece of fruit, look at it, then place it gently back in its place.
ANOTHER ANGLE-as a man walks in, looking for something or someone. We see that he's very tee'd off. He walks up to Oscar. (Oscar is wearing his usual attire: short-sleeved white shirt, tie, chino pants, and brown shoes.) The man's name is Melnick. He wears a sports coat, seems slightly British.
Melnick You're the manager?
Oscar Sure am.
ANOTHER ANGLE-as Oscar holds out his hand to shake.
Instead of shaking Oscar's hand, Melnick stuffs a bunch of papers into it.
Oscar What's this?
Melnick My bills. Your delivery truck just ran over Susie. I'm reporting this to the police, by the way.
. . . . she was too young to die.
Oscar She died?
Melnick Yes. She was only seven.
Oscar Oh, no. I'm sorry.
Melnick Best friend a man ever had.
Oscar Susie wasn't a person?
Melnick No. A Rottweiler. What does that have to do with anything?
Oscar I'm just trying to get a handle on this.
I'm sure this was a great loss to you. But we don't have delivery trucks.
Melnick You have blue trucks?
Melnick They've got your name on them?
Oscar But they don't do delivery. They're to pick up goods and bring them to the market.
Melnick (shrugs) Delivery, pick up . . .
Oscar Wait a minute, Mr. . . .
Oscar Let's start over again. I'm very sorry about your dog, but I don't understand why you're bringing me the bills.
Melnick Because your truck ran her over.
Oscar Where did this happen?
Melnick Hawthorne Terrace. Gold Mine Road. Oscar None of our trucks would be anywhere near Hawthorne Terrace, Mr. Melnick. I'm sure there's been a mistake.
ANOTHER ANGLE-as Oscar reaches out and puts his hand on Melnick's shoulder.
Oscar (cont.) I'm sorry for you anyway. And for Susie.
ANOTHER ANGLE-as Oscar stuffs the papers into Mr. Melnick's pocket with his other hand . . . just as Vinny comes running up.
NOTE: Vinny is a mess. He is disheveled and highly excited.
Melnick That's him! Murderer! Dog killer!
ANOTHER ANGLE-Melnick lunges for Vinny, who deftly steps aside, a move which sends Melnick careening into a bin of apples, which spill out on the floor.
Oscar You ran over his dog?
Vinny Yeah. Little sucker was chasing the truck. Tried to dodge, but she went under the grill. Brave little bugger. Bit the bumper.
Oscar One of our trucks?
Vinny Yeah. I'm really sorry about it.
CLOSE ON VINNY-There are great emotions sweeping his face, tears in the corners of his eyes.
Vinny (cont.) As one life enters the world, another leaves. The harmony of nature is preserved . . .
ANOTHER ANGLE-Melnick has recovered. He staggers over to Oscar and Vinny.
Oscar (to Melnick) You want to kill him, be my guest. But we don't have anything to do with it. He must have stolen our truck.
Melnick (to Oscar) I'm going to sue you for every penny you've got. He's your man! It was your truck. He was making your delivery.
Oscar (to Vinny) He thinks you were making a delivery.
Vinny I was making a delivery.
A BEAT-CLOSE ON VINNY-
Lady started to have a baby at check-out station six.
TIGHT ON VINNY-He's proud of himself.
I just got her to the hospital in time.
Oscar (to Melnick) I guess we do make deliveries. But it's not my fault. I never told him he could use the truck to deliver a customer to the hospital!
CLOSE ON OSCAR-He reaches out and takes the papers out of Melnick's pocket. He is about to stuff them into Vinny's pocket.
TRIPLE TAKE- on Oscar, Vinny, and Melnick. There's a sudden switch, a change of mood . . .
Oscar So what was it? A boy or a girl?
Melnick . . . right at the check-out counter, huh . . .
LONG SHOT-as the three of them begin to walk down the corridor together. We see Vinny gesturing and know that he's telling the story to the two of them.