Major manufacturer of heating equipment

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Reference no: EM131446710

Lennie Edison was employed as a project engineer for Vulcan Systems, which was a major manufacturer of heating equipment. As part of his job, Edison was sometimes required to proceed from his home directly to a job site in the mornings. He was always on call as a trouble shooter, and consequently, Vulcan's customers occasionally called him at his home after hours and on weekends. In order to answer these calls, Edison needed the company truck, in which he carried tools.

To better serve his customers, Vulcan allowed Edison to take the company truck home with him on a daily basis and paid for its gasoline. If he did not have the proper tools, he would drive to Vulcan to pick up the needed tools and then answer the call.

On one occasion. Edison finished work and left Vulcan's business premises. Driving the company truck, he headed in a direction away from both his home and the workplace. Edison planned to stop at a store, purchase something and then go home. Before reaching the store, Edison was involved in a collision with Unlucky who suffered bodily injury and damage to his car.

Unlucky sued both Edison and Vulcan in joint and several liability citing that Edison was negligent and that respondeat superior applied.

In your analysis be sure to use quotes from the fact pattern that represent each side's best argument for their position.

Using the IRAC methodology, address who is likely to prevail and why?

Reference no: EM131446710

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