This is a personal injury case. Vandermeer was driving a truck loaded with apples eastbound on Interstate
Question:
This is a personal injury case. Vandermeer was driving a truck loaded with apples eastbound on Interstate 80. Clarke, a college student on spring break, was driving a car from
California to Wisconsin for Auto Driveaway Company, which transports automobiles nationwide. Vandermeer claims that as she attempted to pass Clarke's car, the car drifted into her lane of traffic, causing her to lose control of her truck. The truck ran off the road, and Vandermeer, believing the truck might explode, was injured jumping out of the drivers side window.
Vandermeer sues both Clark and Auto Driveaway. Vandermeer claims that Clarke was negligent in operating the car, and that Auto Driveway is vicariously liable for Clarke's
negligence since Clarke was acting as its employee at the time of the accident. Auto Driveaway claims that Clarke was an independent contractor so that any negligence by Clarke cannot be imputed to Auto Driveaway.
At trial plaintiff plans to introduce in evidence the deposition of the car's owner. Defendant Auto Driveaway files a pretrial motion to bar portions of the deposition. At a hearing on the motion the following happens:Judge: What specific portions of Mr. Wolfe's deposition are you objecting to? Defense: Starting on page 33, Mr. Wolfe testifies about a conversation he had when he first called Auto Driveaway. Specifically, he asked whether Auto Driveaway had insurance that would protect somebody else that might get hurt by the driver of their car during the time it was being driven from California to Wisconsin, and he was told that they had insurance coverage for that.
Judge: What's improper about that?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts