Luke delivers pizza for H Pizza. As Luke drives his Chevy Sonic through the Spokane wine countryside to deliver pizza to Allen at his house, Luke types a text message to his girlfriend, Amy. Luke hears a loud thump, looks up from his phone and at his side mirror. Behind him, he sees Bob sprawled next to his bicycle at the side of the road. Luke stops the Chevy Sonic, backs up to where Bob is trying to get up. Not wanting Bob to see his license plate or the H Pizza sign on the Chevy Sonic, Luke hits Bob in the head to knock him unconscious. Luke puts Bob's bike in the trunk of the Chevy Sonic so Bob can't ride away for help. In addition, to make sure Bob doesn't get help, Luke drags him into a barn next to the road and latches the door. On his way back after delivering the pizza, Luke is surprised to see Bob standing on the side of the road. He speeds toward Bob to run him over but Bob dives into the ditch next to the road to avoid being hit. As Luke speeds off, Bob sees the H Pizza sign on the Chevy Sonic and memorizes the number on Luke's license plate. Part 1. Does the common law of torts and identify and analyze the claims Bob may have against Luke? If so, please explain Part 2. How can Bob bring any of those claims against H Pizza?
Answer 1) Under the condition , law of tort is applicable Luke as tortfeasor (wrongdoer) , Bob may sue him under the law of tort to recover damage. There are generally 3 major types of torts: intentional torts,torts based on negligence and strict liability torts, all three may applicable in the present case. Use of phone while driving is negligence , while other misconduct of Luke is come under intentional torts .
Answer 2) Bob can make claim against Luke and as employer H Pizza will become part of this lawsuit but not in direct capacity. H Pizza has liability to pay all lose due to commercial purpose not for intentional tort of Bob.
Luke delivers pizza for H Pizza. As Luke drives his Chevy Sonic through the Spokane wine...