Question

Joe repairs computers at the local store of a chain of electronics stores. Joe is paid by the hour, but he does not receive health insurance. Joe works at the store; he never works from home. Although he works at this electronics store three regular days a week, Joe work for a different electronics store (part of a different chain) three other days a week. Joe brings his own repair tools to work. Before starting this job, Joe was required to undergo training at the corporate office of this company.

While at work one day, Joe was reshelving some returned computers. While on a ladder placing a heavy box on a high shelf, Joe reached down to respond to a text from a friend. Because he was distracted by the text, Joe lost his grip and dropped the computer box on a customer's foot. The customer suffered a broken toe.

Later in the day, while still at work, Joe saw an attractive young woman customer, who was shopping with her boyfriend. Joe smiled at the young woman. The boyfriend - Tim - approached Joe and accused him of trying to steal his girlfriend. Joe told Tim he was crazy, but Tim persisted in yelling at Joe. Joe, now angered, stepped around the repair desk and hit Tim in the jaw. Tim was seriously injured and sued Joe’s employer for his damages, claiming that the employer was liable under the doctrine of respondeat superior.

1.One of the defenses that the employer might use against the customer would be that Joe “abandoned” the employer’s business when he checked his phone. Explain this defense (one or two sentences) Do you think it would be a good defense for the employer to use against Tim?

Answer 1

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