Tortious Liability in a Case Study


Sam Stone, a driver for Reliable Concrete, Inc., was in the process of making a concrete delivery to a construction site on behalf of his employer when he was involved in a collision.

Sam was driving at 40 mph in a 30-mph zone at the time of the collision. The collision occurred when Sam observed that a woman, who was pushing a baby stroller on the sidewalk, screamed uncontrollably as she lost her grip and the stroller started to roll into traffic. Sam immediately steered his truck to the left and away from the stroller. He was able to avoid the stroller but unfortunately drove into oncoming traffic and was not able to stop before colliding with two cars that were traveling in the opposite direction.

The drivers of the two cars were seriously injured with broken legs and back injuries but both will make a full recovery after a lengthy rehabilitation period.

Sam Stone suffered some cuts and bruises without serious injury.

The child was not hurt. As it turned out, the stroller was empty. The woman that was pushing the stroller was legally intoxicated and, in her drunken stupor, had left her one year old child at home, alone, when she forgot to place him into the stroller.

The investigation revealed that the drivers of the two cars had been driving in perfect adherence to the vehicular traffic laws. It was discovered that Sam had been driving the truck under protest after his manager, Jimmy Boss, disregarded Sam’s objections and overloaded the truck with an extra one-third of the legally allowable maximum concrete load. Jimmy overloaded the truck in order to avoid a second delivery. The extra weight was partially responsible for Sam’s inability to stop the vehicle.

Please analyze the above scenario and determine the following:

1)The civil liability of each character, including the cor[poration, involved in the incident
Who is it that each injured party can sue and under what theory of liability?
Delineate and explain the defenses available to each possible defendant.
2) Are any of the participating characters, including the corporation, possibly chargeable with any crime?
If yes, who and what type of crime?
Describe and explain the necessary criminal elements.

Sample Solution