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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6390
Experience:  20 years experience as a civil trial and appellate lawyer
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John, a delivery boy , delivered two heavy packages

Customer Question

John, a delivery boy for shoprite, delivered two heavy packages to Mrs. Reed. He rang the bell and Mrs. Reed asked him to put the heavy packages in her kitchen. As he carried the packages through the living room the milk spilt and damaged her new carpet. Since she was moving a cabinet in her family he offered to help her. As he was helping her move the cabinet, he was more interested in watching her than the cabinet, and he tripped over an antique table damaging it.
A) Can Mrs Reed recover the damages to her carpet from shoprite?
B) Can Mrs. Reed recover the damages to her antique table from SHoprite??
c)Can MRs. Reed recover the damages from John?
Submitted: 2 years ago.
Category: Legal
Expert:  Maverick replied 2 years ago.
Welcome. My name is Maverick. I very much enjoy what I do and I hope that you will benefit from the information or assistance that I provide.
A) Can Mrs Reed recover the damages to her carpet from shoprite?
Assuming that the milk spilt as a proximate cause of John's carelessness, Mrs. Reed may recover for the damage to her carpet from both John and Shoprite if it is determined that John was acting within the scope of his employment when he agreed to take the packages to the kitchen as opposed to leaving them at the front door.
B) Can Mrs. Reed recover the damages to her antique table from SHoprite?
Since moving furniture does not appear to be within the scope of John's employment with Shoprite, Shoprite will not be responsible for John's negligence resulting in damage to the table. Mrs. Reed can recover from John for this, however.
c)Can MRs. Reed recover the damages from John?
See above.
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