Question

Ash Grove Cement Company hired Electric Company of Omaha (ECO) to relocate a cable tray. ECO gained access to the tray from the flat roof of Ash Grove’s building and controlled the work. While walking backwards and carrying cable, Darryl Didier, an employee of ECO, fell twenty feet of the roof, onto a concrete surface. He wants to file for a lawsuit to recover the damages he suffered. Which company Darryl should sue? Explain your answer through references to the duties and liabilities of principals and agents.

Answer 1

In my opinion, Darryl must sue Ash Grove Cement Company to recover all the damages suffered by him due to fall of twenty feet While walking backwards and carrying cable on the flat roof of Ash Grove’s building. This is because Darryl was a part of Electric Company of Omaha (ECO) which was hired by Ash Grove Cement Company to relocate a cable tray. Hence Electric Company of Omaha (ECO) worked as an agent on the behalf of Ash Grove Cement Company who was a principal in this case. Since agent represents principal and is authorised to take decisions and works on behalf of the principal only, hence it is the duty of principal to compensate agent for any damages suffered while carrying out the work. Hence in this case as well, AshGrove Cement Company is responsible and must provide compensation due to damages suffered by Darryl due to the fall.