Complete 7 page APA formatted essay: Analysis of John Fay Accident.
The court acquires personal jurisdiction over Crete Carrier Corp., the Lincoln, Neb., trucking company by serving it the summons and copy of the complaint and by the application of the long arm statute.
5. Answer: The principal, which is the Crete Carrier Corp., the Lincoln, Neb., is primarily liable because under the agency law, the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority. The driver was acting within the authority confided to him by the principal when the accident happened.
Explanation: In cases of accident, the defendant may be sued criminally and civilly. In the tort case, the defendant is liable for damages while in a criminal case, he is liable for the deaths of the 7 children.
Explanation: The trucking company, which is a corporation may only be civilly sued by the plaintiffs in order to recover damages. A corporation cannot be held criminally responsible for any tortuous act of its employee’s for it cannot be put to jail.
Just before midnight of October 27, 2009, a worker of Arctic Slope Regional, Inc., named John Fay was pinned between a tractor truck and a semi-trailer. An employee of Alaska West Express Inc. a trucking subsidiary of the Anchorage-based Lynden Inc drove the truck. Arctic Slope confirmed that Fay who remained in critical care at Providence Alaska Medical Center works for the company. Preliminary information gathered was that the truck either backed into John Fay or ran him over. It operates divisions in petroleum refining and marketing, government technical services, energy services and construction. It was not immediately clear what division of the company Fay worked for but Steve Standley, chief of enforcement at Alaska Occupational Safety and Health, said preliminary reports are that he was a laborer.
The investigating agency for the accident is the State Department of Labor.