Question

A delivery company employed several messengers to deliver packages by car to nearby towns. The company also allowed some employees to use company cars for personal use from time to time. A clerical employee had her car in a body shop because she had run a red light and been broadsided by another vehicle. This was the second time she had run a light and been hit. She borrowed a company car for the weekend and was using it to do some grocery shopping. The employee negligently went through a red light and crossed the path of a rented van. The man driving the van swerved to avoid the employee and struck a light post and several parked cars, severely damaging the van. At the time of the accident, the driver of the van was exceeding the posted speed limit; he would have been able to avoid hitting the light post and the cars had he been going the proper speed. The leasing company that had rented the van to the driver brought a lawsuit against the delivery company employee and the delivery company. The jurisdiction retains traditional contributory negligence rules. If the delivery company prevails in the lawsuit, what is the most likely reason

Answer 1

The delivery company had no reason to know that its employee had a poor driving record.

Step-by-step explanation:

In a dispute where an injury happened contributory negligence is the failure of the plaintiff to adequately protect themselves in a situation or if their actions contributed to a negative incident.

This reduces or stops the amount they can be compensated with.

In the given scenario the employee negligently went through a red light and crossed the path of a rented van. The man driving the van swerved to avoid the employee and struck a light post and several parked cars, severely damaging the van. At the time of the accident, the driver of the van was exceeding the posted speed limit; he would have been able to avoid hitting the light post and the cars had he been going the proper speed.

The delivery company will prevail if they said that the had no reason to know that its employee had a poor driving record.

This will attribute the accident to the negligence of the plaintiff and he will not be able to collect any compensation