Dave’s a driver for ECS. Dave is known as a hothead. During his previous employment, Dave had been involved in a workplace fistfight with a fellow employee, resulting in criminal charges. One day, between deliveries & in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave & Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave “Oh, you drive for Empire Courier Service. It doesn’t surprise me that Empire hires bad drivers their service stinks, & prices are too high!” Dave was so offended that he punches Victor in the face, causing Victor to suffer even more injuries. ECS doesnt, as a matter of policy, do criminal background checks on its employees. Explain who is liable for Dave’s negligence for causing the car accident, & explain who is liable for Dave for punching Victor.
