VIII.C.Supp. Supplemental Cases and Materials | Jonathan Zittrain | June 23, 2011

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VIII.C.Supp. Supplemental Cases and Materials

by Jonathan Zittrain Show/Hide

Forster v. Red Top Sedan Service

Reina v. Metropolitan Dade County

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  1. 1 Show/Hide More Forster v. Red Top Sedan Service
    Original Creator: bfidler.jd13 Current Version: Jonathan Zittrain

    Plaintiff was driving in front of defendant’s bus, operated by defendant’s employee (Breines). Breines used his bus to force plaintiff’s car to stop or enter a collision. After plaintiff stopped, Breines exited his bus and walked over to the driver’s door of the plaintiff’s car. He then opened the driver’s door, swore at the plaintiff for delaying his schedule, and tried to reach for the car keys while pushing plaintiff in the face. Breines also struck the plaintiff’s wife when she tried to protect her husband’s face from being pushed.

    Can an employee’s overly zealous, violent or aggressive conduct still remain in the scope of their duties? What if that conduct includes intentional torts, such as battery and assault? This case addresses those questions.

  2. 2 Show/Hide More Reina v. Metropolitan Dade County
    Original Creator: bfidler.jd13 Current Version: Jonathan Zittrain

    Plaintiff boarded defendant’s bus, operated by an employee (Koch) of the defendant. Because the plaintiff failed to pay the exact fare, Koch let the plaintiff off the bus in an inconvenient fashion. As the plaintiff departed the bus, he made an obscene gesture to Koch. At that point, Koch pulled the bus off to the side of the road, chased after the plaintiff, and beat him.

    This case explores the boundaries of an employer’s liability for their employee’s intentional torts.

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May 21, 2013

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