Question

Charlotte is a courier for FedEx working weekdays. On a Sunday, she uses a company van to give her friend a lift to the airport. On the return trip home, she decides to make a number of deliveries to a location between the airport and her house. After making one such delivery, while texting her friend to make sure she caught her flight, she crashes into a car being driven by pat. Is FedEx liable for any injuries to pat?

Answer 1

Under the doctrine of respondeat superior, the employer is responsible for the work of employees, but the work should be mentioned as per the work agreement. Here, Charlotte has to work for FedEx on weekdays, but accident took place to Sunday, while she was seeing off her friend. So, she was working outside of the scope of work agreement. Further, the vehicle was driven by Pat, a person that is not employed by FedEx. So, first, FedEx has no liability towards Pat to pay for damages as per the doctrine. Second, it was personal responsibility of the Pat to drive safe while being in the company of Charlotte.

Hence, FedEx will not be liable for any injuries to Pat.