Question: Kenya Garrison is employed as bus driver for Safe - T - Bus, Inc. that operates charter buses that transport riders from New York City
Kenya Garrison is employed as bus driver for SafeTBus, Inc. that operates charter buses that transport riders from New York City to Philadelphia. While driving a bus full of riders south on the highway between the two cities, Kenya took out her cell phone to check her traffic app to see if she could avoid an upcoming traffic jam. While looking at her phone, she rearended a tractor trailer and the accident caused several of the passengers to sustain injuries. Can the riders hold SafeTBus vicariously liable for Kenya's negligent decision to use her cell phone while driving the bus?
a No because the decision to take her eyes off the road was Kenya's, not SafeTBus's.
b No because SafeTBus would only be liable if Kenya was an independent contractor.
c Yes, because she was an employee who was acting within the scope of her employment when she caused the accident.
d Yes, because SafeTBus should have provided her with a safer way to check traffic while driving.
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