Asked by Feryal Rushdan on Jul 17, 2024
Verified
The Big Sale.Christy,the owner of ABC department store,needed to hire a number of employees in a hurry because of a planned big summer sale.Bob was hired by Christy to run a cash register and to assist customers with taking large purchases to their cars.Bob encountered a particularly annoying customer,Frank.Frank started complaining the minute he saw Bob.Frank complained about having to wait for Bob to assist him with carrying his television purchase to his car,the merchandise in the store,and the quality of the store's employees.Bob tried to control himself while he carted Frank's television to the car.The final straw,however,came when Frank told Bob that he should get the earring out of his ear,cut his hair,and act professionally.Bob threw the television to the ground and punched Frank in the nose.Frank investigated and discovered that Bob has just been fired from his last three jobs for violent actions against customers.Two of his former employers are willing to testify that if Christy had called them,they would have disclosed Bob's tendencies to her.Bob listed the former employers on his application,but because she was in a hurry to hire employees,Christy did not take the time to check with the former employers.Another problem confronting Christy during the big sale is that Susie,a long-time employee of Christy's who had never caused any problem before,negligently dropped a box on the foot of Greg,a customer.Greg had to have an X-ray and is threatening to sue both Christy and Susie.Which of the following is true regarding whether Greg has any right of recovery against Christy for his injured foot?
A) Greg has no right of recovery against Christy because Susie had not dropped any boxes before and because Christy had no reason to suspect she would injure Greg.
B) Greg has a right of recovery against Christy,but only if Susie is insolvent.
C) Greg has a right of recovery against Christy,but only for one-half of his damages.
D) Greg has no right of recovery against Christy because he will not be able to establish any wrongdoing on her part in hiring Susie.
E) Greg has a right of recovery against Christy.
Right of Recovery
A legal principle allowing parties to seek compensation or restitution following a loss or injury.
Negligently
Performing actions or failing to act with a lack of proper care or concern for the consequences, potentially causing harm or damage.
Insolvent
A state where an individual or organization is unable to fulfill financial obligations due to lack of funds.
- Examine the duties and liabilities that arise in cases of negligence during employment.
- Assess situations to ascertain responsibility within the framework of agency relationships.
Verified Answer
BP
Biviana PimentelJul 18, 2024
Final Answer :
E
Explanation :
When a third party is injured through the negligence of an employee during the course of the employee's work,the third party can sue either the employee or the employer.
Learning Objectives
- Examine the duties and liabilities that arise in cases of negligence during employment.
- Assess situations to ascertain responsibility within the framework of agency relationships.