You Decide

WK 5 You Decide

Coleman works for Software Inc., a Delaware based corporation that sells security equipment to businesses and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in his sales division. During a sales trip to Smalltown, Colorado in March 2008, Coleman found it necessary to wash his laundry. He also wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall, Coleman saw a ring that he really liked but could not afford. He decided to steal it. He then went to Jimmy’s Poor-Man’s Bar to meet with a client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his customers to see him “doing business.”

Coleman was talking with Jimmy about business when he spilled his drink all over the bar. That made him think about this cool trick where you put pure grain alcohol in your mouth, blow it out and light it. Coleman took a big drink, took out his lighter, and said, “Watch this!” He lit his lighter, blew the liquid and a fireball went through the room. The fireball hit Jimmy and killed him instantly. The bar also sustained a lot of damage. Software Inc. fired Coleman without even interviewing him to get his version of the events. A week later, Coleman called John to make amends. When they met, Coleman said, "The Company and I are so sorry about what happened. Let me take you out to dinner – Software Inc. will pay the bill." They went to a restaurant, and instantly got into an argument because John told Coleman he was fat. Coleman punched John in the eye, causing severe eye damage.

Software Inc. is liable for the negligent conduct of Coleman since he was acting within the scope of their employment. This liability is based on the common law doctrine of respondeat superior (“let the master answer”), which, in turn, is based on the legal theory of vicarious liability (liability without fault). In other words, the principal is...