The employer hired a Driver to operate a delivery van. Before allowing the driver to operate the van, the employer checked the driver's prior job references, required the driver to undergo a physical examination by a medical doctor, and provided the driver with extensive training in motor vehicle safety. Medic, the doctor who examined the driver, discovered that the driver had a sleep disorder that caused the driver to fall asleep spontaneously and had, on several occasions, fallen asleep while driving. The driver pleaded with Medic not to inform Employer of the sleep disorder. Medic agreed and omitted this information from the physical examination form he sent to the Employer. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." The employer then provided the Driver with a daily delivery route and paid him a monthly salary.  While the Driver was making deliveries for the Employer, the van left the road and almost struck the Pedestrian carrying a gun. As Pedestrian jumped out of the way to avoid the van, he hit the ground, the gun went off, and the bullet struck a Passenger in a car traveling in the opposite direction of the van. The Passenger suffered severe injuries as a result.

The Pedestrian fled the scene and could not be found. The passenger sued for damages due to the injuries sustained from the gunshot against the Driver. Assuming there was a duty, breach of duty, and damages, who is likely to prevail in that suit between the Passenger and Driver on the issue of causation? Discuss.

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In the given scenario the passenger is suing the driver for damages resulting from the injuries sustained from the gunshot To determine who is likely ... View the full answer