Sam is an employee of Binky, Inc While delivering a truckload of binkies to a local retailer, Sam decided to stop at his bank to deposit his paycheck. The bank is three blocks from the retailer and it takes approximately 15 minutes to deposit a check
While Sam is in the bank, the truck rolled down the street because Sam negligently forgot to set the parking brake. The truck crashed through the window of Market, killing two people and causing $500,000 in damage. Discuss the issues involved in determining whether Binky, Inc is liable for the damages at issue. If Binky, Inc is liable, can it recover against Sam for the damages?
Market would have to prove that Sam should be considered as acting within the scope of his employment. At issue is whether Sam was on a detour, for which Binky, Inc. would have liability or a frolic, for which Binky, Inc. would not have liable. If Binky, Inc. is held liable, it can recover the judgment from Sam.
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