Negligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not end up with personal debt as a consequence of the accident.Both West and Richardson endured much pain and suffering. Both were unable to work for the yearfollowing the accident.West and Richardson sued East Tennessee Pioneer Oil Co. [hereinafter East Tennessee], theowner and operator of the gas station/convenience store, for negligently selling gas to the obviouslyintoxicated Taver.West and Richardson also sued Taver. Taver’s insurance company settled the case out of court. Taver’sinsurance company settled for the amount of coverage provided by Taver’s policy--$100,000 per person, peraccident.The convenience store employees are agents of East Tennessee. A company is responsible for the actsof its employees, as long as they are acting within the scope of their employment, e.g., as long as they weredoing their jobs.Tennessee has two rules currently that are relevant to the case. The first rule is a law the Tennesseelegislature passed a law in 1985 known as a “dram shop act.” The Tennessee Dram Shop Act imposes liabilityon commercial vendors or social hosts who sell alcoholic beverages to minors and to obviously intoxicatedpersons who injure third parties.The second rule is a precedent created by a Tennessee court in 1955. The precedent, announced inBrown v. Harkleroad, 287 S.W.2d 92, is that a parent is not responsible when that parent relinquishes control ofa vehicle to his or her son or daughter. In Harkleroad, the court refused to impose liability on a father whobought a vehicle for his son, when the father knew theson was a reckless and often drunken driver. West and Richardson are suing East Tennessee Pioneer Oil Co for negligently selling gas to Taver whenTaver was obviously intoxicated. answer the question below. thank you. 1. Is the gas station negligently responsible for the car accident? Why or why not? 2. Will the injured parties be successful in a lawsuit against the gas station? Why or why not? 3. Should the gas station pay for any damages? Why or why not?
Negligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not end up with personal debt as a consequence of the accident.Both West and Richardson endured much pain and suffering. Both were unable to work for the yearfollowing the accident.West and Richardson sued East Tennessee Pioneer Oil Co. [hereinafter East Tennessee], theowner and operator of the gas station/convenience store, for negligently selling gas to the obviouslyintoxicated Taver.West and Richardson also sued Taver. Taver’s insurance company settled the case out of court. Taver’sinsurance company settled for the amount of coverage provided by Taver’s policy--$100,000 per person, peraccident.The convenience store employees are agents of East Tennessee. A company is responsible for the actsof its employees, as long as they are acting within the scope of their employment, e.g., as long as they weredoing their jobs.Tennessee has two rules currently that are relevant to the case. The first rule is a law the Tennesseelegislature passed a law in 1985 known as a “dram shop act.” The Tennessee Dram Shop Act imposes liabilityon commercial vendors or social hosts who sell alcoholic beverages to minors and to obviously intoxicatedpersons who injure third parties.The second rule is a precedent created by a Tennessee court in 1955. The precedent, announced inBrown v. Harkleroad, 287 S.W.2d 92, is that a parent is not responsible when that parent relinquishes control ofa vehicle to his or her son or daughter. In Harkleroad, the court refused to impose liability on a father whobought a vehicle for his son, when the father knew theson was a reckless and often drunken driver. West and Richardson are suing East Tennessee Pioneer Oil Co for negligently selling gas to Taver whenTaver was obviously intoxicated. answer the question below. thank you. 1. Is the gas station negligently responsible for the car accident? Why or why not? 2. Will the injured parties be successful in a lawsuit against the gas station? Why or why not? 3. Should the gas station pay for any damages? Why or why not?
Related questions
Question
Negligence Case
West v. East Tennessee Pioneer Oil Co.
In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he was
already intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of two
additional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount of
gas.
Taver then drove off, going the wrong way on the highway and without his headlights on. Shortly
afterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.
West suffered several fractures of his legs, a head injury, and a broken elbow. West works in the
construction industry. West, who has basic health insurance provided by his employer, was left with over
$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.
Richardson is an administrative assistant for the state of Tennessee. Her employer provided better
health insurance coverage, so she did not end up with personal debt as a consequence of the accident.
Both West and Richardson endured much pain and suffering. Both were unable to work for the year
following the accident.
West and Richardson sued East Tennessee Pioneer Oil Co. [hereinafter East Tennessee], the
owner and operator of the gas station/convenience store, for negligently selling gas to the obviously
intoxicated Taver.
West and Richardson also sued Taver. Taver’s insurance company settled the case out of court. Taver’s
insurance company settled for the amount of coverage provided by Taver’s policy--$100,000 per person, per
accident.
The convenience store employees are agents of East Tennessee. A company is responsible for the acts
of its employees, as long as they are acting within the scope of their employment, e.g., as long as they were
doing their jobs.
Tennessee has two rules currently that are relevant to the case. The first rule is a law the Tennessee
legislature passed a law in 1985 known as a “dram shop act.” The Tennessee Dram Shop Act imposes liability
on commercial vendors or social hosts who sell alcoholic beverages to minors and to obviously intoxicated
persons who injure third parties.
The second rule is a precedent created by a Tennessee court in 1955. The precedent, announced in
Brown v. Harkleroad, 287 S.W.2d 92, is that a parent is not responsible when that parent relinquishes control of
a vehicle to his or her son or daughter. In Harkleroad, the court refused to impose liability on a father who
bought a vehicle for his son, when the father knew the
son was a reckless and often drunken driver.
West v. East Tennessee Pioneer Oil Co.
In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he was
already intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of two
additional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount of
gas.
Taver then drove off, going the wrong way on the highway and without his headlights on. Shortly
afterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.
West suffered several fractures of his legs, a head injury, and a broken elbow. West works in the
construction industry. West, who has basic health insurance provided by his employer, was left with over
$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.
Richardson is an administrative assistant for the state of Tennessee. Her employer provided better
health insurance coverage, so she did not end up with personal debt as a consequence of the accident.
Both West and Richardson endured much pain and suffering. Both were unable to work for the year
following the accident.
West and Richardson sued East Tennessee Pioneer Oil Co. [hereinafter East Tennessee], the
owner and operator of the gas station/convenience store, for negligently selling gas to the obviously
intoxicated Taver.
West and Richardson also sued Taver. Taver’s insurance company settled the case out of court. Taver’s
insurance company settled for the amount of coverage provided by Taver’s policy--$100,000 per person, per
accident.
The convenience store employees are agents of East Tennessee. A company is responsible for the acts
of its employees, as long as they are acting within the scope of their employment, e.g., as long as they were
doing their jobs.
Tennessee has two rules currently that are relevant to the case. The first rule is a law the Tennessee
legislature passed a law in 1985 known as a “dram shop act.” The Tennessee Dram Shop Act imposes liability
on commercial vendors or social hosts who sell alcoholic beverages to minors and to obviously intoxicated
persons who injure third parties.
The second rule is a precedent created by a Tennessee court in 1955. The precedent, announced in
Brown v. Harkleroad, 287 S.W.2d 92, is that a parent is not responsible when that parent relinquishes control of
a vehicle to his or her son or daughter. In Harkleroad, the court refused to impose liability on a father who
bought a vehicle for his son, when the father knew the
son was a reckless and often drunken driver.
West and Richardson are suing East Tennessee Pioneer Oil Co for negligently selling gas to Taver when
Taver was obviously intoxicated.
Taver was obviously intoxicated.
answer the question below. thank you.
1. Is the gas station negligently responsible for the car accident? Why or why not?
2. Will the injured parties be successful in a lawsuit against the gas station? Why or why not?
3. Should the gas station pay for any damages? Why or why not?
Expert Solution
This question has been solved!
Explore an expertly crafted, step-by-step solution for a thorough understanding of key concepts.
Step by step
Solved in 2 steps
