Paul is a truck driver who owns his own truck and delivers loads to various companies for nine months out of the year. For the hard winter months Paul goes to Key West to "put his feet in the sand." One evening while delivering a load for Emblem
Helicopter Parts Co, Paul got into a "little scuffle" with a rowdy trucker who was giving Nell, a waitress at the DewDrop Inn Cafe, a hard time. Paul knocked out five of "Rowdy's" teeth. Rowdy is suing Paul and Emblem for his injuries. Discuss whether Rowdy will win against Emblem on the issue of: (a) respondeat superior and (b) unauthorized acts of agents.
(a) Respondeat superior-No. Paul is an independent contractor because he works for many companies and directs his own working time. (b) Unauthorized acts of an agent. Paul is probably not an agent, however, if he were an agent, without any negligence evident on the part of Emblem in their hiring, supervising, controlling, or training, then Rowdy would not win on this issue.
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