literaphile Posted July 14, 2014 Share Posted July 14, 2014 In many courts in the US the vicarious liability argument does not extend to employers for employee's actions while operating company vehicles. For this case to succeed Morgan will have to present clear and convincing proof Walmart knowingly and actively participated in the conduct of its employee or condoned, ratified or consented to such conduct by its employee. This is what discovery is for. But Walmart utilizes e-logs and other tools to measure time spent driving. But at the end of the day, it was the driver's responsibility to pull over and take a nap if he was tired--CDL handbook. I'm a Canadian lawyer so maybe it's different in the states, but here, as long as the employee is acting within the scope of their employment - for example, driving a truck for the company while being employed as a truck driver - getting to the employer through vicarious liability is not a tough hill to climb. Whether or not the driver's behavior was irresponsible isn't so important for vicarious liability here, since he was acting within the scope of his employment. What's more likely is that Walmart's insurance will cover any damages or settlement. Then, if the insurance company thinks that the driver really was being irresponsible, they may turn around and sue him to recover their losses. Link to comment Share on other sites More sharing options...
Gustavo Fring Posted July 14, 2014 Share Posted July 14, 2014 He's probably just trying to find a way to compensate for whats happened. I would be angry if I was almost killed and lost a good friend too. Exactly. This lawsuit is an emotional reaction. Can't blame the guy. Link to comment Share on other sites More sharing options...
Mr. Ambien Posted July 14, 2014 Share Posted July 14, 2014 Some random nobody that sang on stage with Eminem once. And had a couple of cool lines in Jay and Silent Bob. Anyways, it's all Walmart's fault.. just because it's Walmart. Link to comment Share on other sites More sharing options...
otherwise Posted July 14, 2014 Share Posted July 14, 2014 Good, My father is a long-haul trucker and has done it safely for 10 years. The Smart/Stubborn drivers will stop and take the time to rest, but I can totally understand how some people would feel pressured, companies are ruthless and most do not care about the drivers well-being whatsoever Most of the minor fines and issues you see are not usually the drivers' fault, but a result of the company trying to force a driver to be at a location at a certain time and the driver trying to do his "best" Someone in my family is also a truck driver and while he was never directly employed by Walmart he did deliver goods to some of their stores and there was always pressure on him as well as the people working on the dock at the stores to be on time. There was no room in Walmart's schedule for bad weather or dealys of any kind. If you got there late sometimes there would be no one to unload the goods. which would result in longer delays for other customers. One time there was a blizzard and the highways were closed and therefore the delivery to walmart was delayed, someone from walmart not only freaked out at my family member for being late but also called his work and tried to get him fired for delivering late. I can only imagine it's worse in the states. I hope Tracey Morgan wins, if only to draw attention to the pressure placed on emplyees to be on time where there are so many problems that can occur and delays are frequent and mostly out of the control of the driver. Link to comment Share on other sites More sharing options...
Dral Posted July 14, 2014 Share Posted July 14, 2014 An actor. He was on SNL and 30 rock. You couldn't just answer the question? Literally no extra effort required on your part. Give a man an answer, enlighten him for a day.... teach a man to google, enlighten him for a lifetime Link to comment Share on other sites More sharing options...
EmployeeoftheMonth Posted July 14, 2014 Share Posted July 14, 2014 Give a man an answer, enlighten him for a day.... teach a man to google, enlighten him for a lifetime 20 years ago this would have sounded way more dirty. Link to comment Share on other sites More sharing options...
AllEyezOnMe Posted July 14, 2014 Share Posted July 14, 2014 An actor. He was on SNL and 30 rock. You couldn't just answer the question? Literally no extra effort required on your part. You obviously didn't get the point Link to comment Share on other sites More sharing options...
EmployeeoftheMonth Posted July 14, 2014 Share Posted July 14, 2014 You obviously didn't get the point I obviously did and then you clearly missed mine. Link to comment Share on other sites More sharing options...
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