Tort Liability

Tort Liability

1.     Is NAC liable? Please explain your answer.

In the case of Johnson & Rogers, Ray Johnson and his son David, were waiting at a cross walk in downtown Salt Lake City. A truck owned by Newspaper Agency Corporation (NAC) and operated by its employee, David Rogers, crossed the intersection and jumped the curb, killing David and injuring Ray. Before reporting to work on the evening of the accident, Rogers has consumed approximately seven mixed drinks containing vodka and had chugalugged a 27-ounce drink containing two mini bottles of tequila. His blood alcohol content after the accident was 0.18 percent. Evidence showed that the use of alcohol and marijuana was widespread at NAC and that the company made no effort to curtail such use. Evidence further showed that NAC vehicles were returned with beer cans in them and that, on one occasion, an NAC supervisor who had observed drivers smoking marijuana had told the drivers to “do it on the road.” Ray Johnson sued Rogers and NAC for the wrongful death of his child and physical injury to Ray. I do think that NAC is liable.

Tort Liability is liability of a person that arises by the violation of the legal doctrines of intentional tort, negligence, or strict liability. In this case NAC is the Agent of Rogers. A principal and an agent are each personally liable for their own tortious conduct. The principal (Rogers) is liable for the tortious conduct of an agent (NAC) who is acting within their authority. The agent (NAC), however, is liable for the tortious conduct of the principal (Rogers) only if they have directly or indirectly participates in or aids and abets the principal (Rogers) conduct. Main sources of tort liability for principals and agents are negligence, intentional torts, and misrepresentation. In this case, because of the negligence of the supervisors’ at NAC that made no effort to stop the use of drugs and alcohol therefor have become liable.