Question: Jakes car stopped while he was on Interstate 5 heading into Sacramento. He was able to drive his car to a garage, where he told
Jakes car stopped while he was on Interstate 5 heading into Sacramento. He was able to drive his car to a garage, where he told the mechanic how the car had acted and asked her to find the trouble and repair it. Amber, the mechanic, worked on the car, and when she had it running smoothly, Jake asked Amber to take it out on the highway and test it to be sure that it was operating properly. After Amber had driven about a mile, the motor stopped. While Amber was attempting to return to her garage, the car stopped on the highway and was struck by the plaintiff, who sued the owner of the car, Jake, for negligently stopping in the traveled portion of the highway. Was Amber Jakes agent, which would make Jake liable under respondeat superior, or was Amber an independent contractor? In your answer to this question, explain what makes someone an agent, and what makes someone an independent contractor. Also explain the doctrine of respondeat superior.
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