Should Worker's suit against Boss be allowed to go forward?  

Only for purposes of Boss v. Worker, would it matter if the amount in controversy was $50,000?

Pedestrian was injured when she was struck by a delivery van driven by Worker. The van was owned by Boss and was being driven by Worker as part of the job that Worker did for Boss. federal court diversity-based action against Boss alleging that Worker drove negligently and that Boss was liable for that negligence under the doctrine of respond dealt superior. Boss impleaded Worker as a third-party defendant under Federal Rule 14(a), on the theory that if Boss was liable to Pedestrian based on respond dealt superior, Worker must indemnify Boss. The jury found against Pedestrian and thus in favor of Boss. Worker has now commenced a new federal action, alleging that Boss knowingly gave Worker a defective van to drive, thus preventing Worker from stopping, and contributing to injuries suffered by Worker in the same accident in which Pedestrian was injured.

Answer rating: 100% (QA)

Whether Workers suit against Boss should be allowed to go forward involves two separate legal issues 1 Collateral Estoppel This doctrine prevents a pa... View the full answer