Harris, while delivering parts to a customer for his employer, negligently ran into and injured Wolfe. Harris had been asked by his employer to make these deliveries even though Harris was using his personal pickup truck. Neither Harris nor the employer had insurance to cover this injury. Which of the following is correct?
a. Wolfe can hold Harris liable but not the employer because Harris was driving his own vehicle
b. Wolfe can hold the employer liable but not Harris because the employer had asked Harris to make the deliveries.
c. Wolfe can hold either Harris or the employer or both liable.
d. Wolfe can hold either Harris or the employer liable but not both.

Respuesta :

Answer:

C) Wolfe can hold either Harris or the employer or both liable.

Explanation:

Since Harris was acting within the scope of his employment, then he and his employer are liable for the injuries that Wolfe suffered. Wolfe can decide to recover from either of them (generally the employer would be chosen) or from both parties, there is no legal limitation.

It doesn't matter who owns the vehicle, what matters is what was Harris doing at the time of the accident; he was performing tasks on behalf of his employer.

If Wolfe died, Harris could face criminal charges, but his employer still would be liable in a civil case.