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Arlo works as a sales executive for Tough Tractor Implements, LLC, which is a company that sells and services agricultural equipment. His sales territory is restricted to the states of Iowa and Missouri.
One of the benefits of working for Tough Tractor is that the sales executives are given a company car for business travel within their territory. However, one day Arlo decides to use his personal vehicle for driving to and from his meetings. Around 11 AM that day, he finishes a meeting in Burlington, IA, which is located on the Mississippi River, across from Illinois.
Since Arlo’s next meeting is not until 1 PM in West Burlington, IA, he decides to crossover the bridge into Illinois to eat lunch at Marv’s Diner which is only 10 miles away. While at Marv’s, he runs into Josef, who is a customer from Fort Madison, IA. The two begin a lengthy conversation about new Tough Tractor products which Josef has an interest in buying.
Around 12:40 PM, Arlo realizes that he needs to leave immediately, or he will be late to his next appointment. He attempts to cut-off the conversation, but Josef has poor hearing and becomes offended. As a result, he starts threatening Arlo who panics. He responds by punching Josef in the nose, breaking it, and knocking Josef out.
Not wanting to be late for his 2 PM meeting, Arlo gets into his personal vehicle and races back into the state of Iowa. Just as he enters into West Burlington, he runs a stop light and collides with a car driven by Ana. She sustains serious injuries, and her car is totaled.
Ana claims that Tough Tractor should be liable for the actions of Arlo, as does Josef.
Identify and describe the potential tort claims in this situation.
Discuss legal arguments that Ana and Josef could use against Tough Tractor. Would the doctrine of respondeat superior apply?
Explain any legal arguments that Tough Tractors could use for its defense to avoid or minimize liability.
This initial response should be a minimum of 200 words.
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