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Issue -- on what legal grounds could Flo recover damages from Dan.
Legal Issues -- Clearly, Dan was the actus reus, or specific instrument of an action in which other events flowed. It is not just Flo that can recover damages, but the gas station, the construction company and/or tenant, and the owner of the crane. While Dan did not plan the actions, he was liable for deliberate conduct regarding the events; he was reckless in that he knew (we assume he has passed a valid driver's test) that one should not leave a vehicle running and without an emergency brake.
Discussion -- Negligence is a breach of conduct or a failure to take reasonable care, intention or not. Recklessness means that the person was deliberate and aware of their actions, not necessarily the consequences. Reckless conduct is based on the person, in this case Dan as a delivery driver, and the societal assumptions that a professional driver should have the required knowledge that failure to turn off the vehicle or at least put on the parking brake...
However, the situation becomes more complex because Dan was not acting as a private citizen during the time of the unfolding events, rather as an employee of EZ Delivery Company. Discovery would need to find out if the company had proper procedures in its safety and training manual, had an adequate training program, if training was given at appropriate times, if Dan attended training, and if the Company had followed precautions reasonably. Had Dan every been given a warning on this subject? Was there substance abuse involved? However, at the very least, damanges should be forthcoming from EZ's insurance and possibly Dan's private insurance, depending on State law. Implied, though, is authority from EZ for Dan to act as a delivery driver, as well as Dan having the legal and company responsibility of handling the vehicle in a safe manner (Clarkson, pp. 657-8).
REFERENCES
Clarkson, K., et.al. (2006). West's Business Law: Text and Cases. Mason, OH: Thompson
Higher Education.
REFERENCES
Clarkson, K., et.al. (2006). West's Business Law: Text and Cases. Mason, OH: Thompson
Higher Education.
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