Question

The law firm of Poe, Patterson and Henderson, a general partnership, represents 20 plaintiffs in a class-action product liability lawsuit, with trial scheduled to begin Monday of next week. It will be the biggest trial in the history of the firm, and the partners understand that success will depend, for the most part, on a collaborative effort on the part of all professionals at the firm, including partners, associate attorneys, paralegals, and secretarial staff. It is the Friday before the trail, and there will be no weekend for those working at Poe, Patterson and Henderson. The partners and the associate attorneys are reviewing depositions in the conference room. The clock on the wall shows 11:00 p.m. Partner Henderson turns to a first-year associate, J. Benjamin Fotheringham, and says “Ben, how about going to Donovan’s Delicatessen and picking up a few subs for all of us? Here’s $100.” Donovan’s Delicatessen is a favorite of the firm for “late-night” trial preparation sustenance, and is located approximately two miles away, down Chestnut Avenue. Eager to make a positive impression on senior partner Henderson, and ready to escape the “tunnel-vision” brought on by twelve hours of deposition review, Ben heads for his car. In a rush to complete the “deli run” quickly, Ben accelerates his car to 50 miles per hour. The posted speed limit on Chestnut Avenue is 35 miles per hour. Fidgeting with his compact disc player in order to listen to an audio-recorded deposition, Ben inadvertently crosses the center line and collides with an oncoming automobile operated by Brandi Kernigan. Ms. Kernigan is severely injured, and experiences $22,000 in medical expenses; her $25,000 Volkswagen is a total loss. She sues Fotheringham individually, and the law firm partnership of Poe, Patterson and Henderson. Kernigan also lists Poe, Patterson and Henderson as individual defendants. Is the law firm of Poe, Patterson and Henderson liable for Brandi Kernigan’s injuries? Are Poe, Patterson and Henderson individually liable for Kernigan’s injuries? 250 words

Answer 1

There exists is a principal-agency relationship between partnership (Poe, Patterson & Henderson) and Benjamin (agent). In the particular case, Henderson asked Benjamin to get subs for everyone. However, he never instructed to get it quickly or at any cost or drive as fast as he could. Benjamin was driving way above the speed limit. Further, Benjamin is negligent while driving and fidgets with the compact disc player. In his negligence, he crossed the center line and collides with Brandi Kernigan. These actions of negligence are at a personal level and there are no instructions from the partner or law firm that allows such behavior.

The principal is responsible if:

• Principal asked the agent to commit such an act - There are no instructions from Henderson regarding being rash to get the Subs. It is Benjamin's personal decision

• Respondeat Superior - Let the master answer. As per this principle, the agency is responsible for any negligent act of an agent when an agent is performing duties in the scope of employment for the principle.

Although Benjamin has an obligation to follow the traffic rules and not be negligent, he is at a work-related task under the instructions of one of the partners. As per the principle of Respondeat Superior the law firm also becomes liable for Kenigan's injuries.

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