Part 3 PLEASE NOTE: Questions 7, 8 and 9 below deal with the facts in Part3 Suddenly in rushes Moe's ne'er do well nephew, Mike, saying, "Hey Uncle Moe, this looks like a bad time but I wanted to tell you something before you hear about it from, uh, somebody else." Moe agrees it is a bad time, but takes Mike to his office to talk to him. Mike says, I was delivering the load of gravel just like you said, and I, uh, accidentally unloaded some of it when I was turning around in some homeowner's drive." "What do you mean accidentally?" "Well you know how tricky that truck can be, sometimes stuff spills out of the back gate when you accelerate quickly." Moe is tapping his fingers on his desk knowing he hasn't heard the half of it yet. "What happened this time, Mike?" "Don't worry Uncle Moe, I've been studying tort law. I know all about it. The lady chasing me down her driveway was like yelling about trespass, but I fooled her. I never even stepped on one toe on her land." Veins in Moe's fore head a start to pulse. "I specifically told you to deliver the gravel to the city paving project, and come right back. You shouldn't have been anywhere near any residential areas. What driveway? What lady??" "The lady that got me all riled by yelling about me running one wheel through her prize rose garden, that's who. What a stickler. I barely touched it. Anyway, she was pretty steamed so I floored it-- and that's when the back gate released." "Well, we can sort this out, if it was only property damage. Did you leave a business card with her so she can contact us?" *Well that's just the thing, Uncle Moc, she didn't seem too interested in talking, being trapped in the gravel mound as she was." "Whaaaat!!?" "I can explain, Uncle Moe. She was right behind the truck when the gravel started to pour out, and, well... I did call the paramedics. They say it is just a fractured arm. Two at most." Moc pounds his desk. "I'll ask again, what were you doing in a residential neighborhood with that dump truck." "Oh, I stopped for lunch on the way to the city project. My Mom, your favorite sister, says Hi." Mike smiles lamely Moc bristles and notices for the first time that Mike is all wet (in more ways than one). "How come you are wet?" "Well, after the paramedics left, I delivered the rest of the gravel to the city and was coming over some kind of bridge on the public land at the city project site. I saw other trucks on the other side and assumed it was OK. But when I went over it, it collapsed and I fell into 5 feet of water. But I'm OK, Uncle Moo. Not a scratch." Where's the truck?" "Uh, it is still in the water. Did I mention that my Mom your favorite sister says Hi?" "You moron. You are an absolutely worthless employee." PLEASE ANSWER QUESTIONS 7, 8, AND 9, THEN CONTINUE TO PART 4. PLEASE ANSWER QUESTIONS 7, 8, AND 9, THEN CONTINUE TO PART 4. (Part 3) Has Mike committed trespass? A. No because he never got out the truck. OB. No because he believed he had not, and therefore did not intend to trespass. C. Yes, but only Moe will be responsible under respondeat superior. D. Yes. Question 8 (2 points) (Referring to facts in Part 3) What is the most correct statement regarding Moe's vicarious liability for any of Mike's intentional torts or negligence? 21 A. Only Moe is responsible for all his employee's torts under respondeat superior. 24 B. Moe would only be responsible for negligence resulting in personal injury if a jury decides Mike was acting within scope of his employment. C. Both Moe and Mike are liable for all Mike's intentional torts and negligence. D. Moe's best defense for vicariously liable is that he was planning to fire Mike anyway Question 9 (2 points) (Referring the facts in Part 3) Can Moe successfully sue the city for damage to the truck? A. Yes, if court determines that Mike was an invitee and was owed a duty of reasonable care to be warned that the bridge would not hold a truck. B. No because Mike was not within the scope of his employment. OC. No because of Mike's earlier comparative negligence that injured the lady in the driveway. D. Yes because Mike was a trespasser on public land