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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a morning delivery, a MetroCourier, Inc. driver who is an employee collides with a cyclist, causing serious injuries. The driver is later acquitted in a criminal case for reckless imprudence causing injuries. The cyclist files a civil action under Rule 111 for damages arising from delict against both the driver and MetroCourier, alleging negligence in entrustment and supervision. (a) May the civil action proceed despite the criminal acquittal? State the controlling doctrine and the standard of proof in the civil action. (b) If the driver acted within the scope of employment, can MetroCourier be held civilly liable, and on what theory? (c) What defenses might be raised by the driver and by MetroCourier, and how should the court decide them?

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Yes, the civil action may proceed; the plaintiff must prove fault by preponderance of the evidence; the criminal acquittal does not bar the civil action; if the driver is an employee acting within the course of delivery, the employer may be held vicariously liable; both the driver and the employer may raise defenses such as contributory negligence, assumption of risk, or lack of causal link, and the court should resolve them under the civil standard. The civil action may proceed, but the employer’s liability attaches only if there is evidence of direct control or supervision by the employer over the specific act; the driver bears primary liability if acting independently. The civil action may proceed but only against the driver; the employer cannot be held liable even if the driver acted within the scope of employment. The civil action is barred by double jeopardy due to the criminal acquittal, and the civil action must be dismissed; the civil standard would be beyond reasonable doubt.

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