Question

Mike worked for Frank's Pizza as a driver and was an agent. His duties consisted of making deliveries along a designated route. One day Mike decided to see his girlfriend, Jackie, who lived 50 miles off his pizza route. While driving to his girlfriend's, Mike injured a pedestrian, Chuck. The accident was caused by Mike's negligent driving. Chuck is now suing both Mike and Frank's for personal injuries. Under the circumstances
A. Frank's is never liable for the negligent torts of its agents.B. Frank's is not liable because Mike was on a frolic of his own.C. Chuck can recover damages from both Frank's and Mike.D. Frank's is liable under the doctrine of respondeat superior.

Answer 1

Answer:

B. is not liable because Mike was on a frolic of his own.

Explanation:

Mike who is a dispatch rider, decided to see his girlfriend, Jackie, who lived 50 miles off his pizza route. He had an accident while driving to his girlfriend's, and injured a pedestrian, Chuck due to his negligent driving.

Under the circumstances, Frank's Pizza isn't liable because Mike was on a frolic of his own. Mike embarking on a 50 mile drive to see his girlfriend is frolicsome and outside the scope of his employment as a delivery agent.

Hence, this will absolve his employer from any liability as he wasn't working on the designated route at the time.