Jimmie John’s restaurant is being sued for wrongful death by the family of a man who was hit and killed by a speeding Jimmie John’s delivery driver. The lawsuit alleges that Jimmie John’s, which advertises “freaky fast delivery” knew or should have known that their fast delivery policy would encourage their drivers to operate their delivery vehicles at excessive speeds which might result in accidents.
The plaintiff’s allegations regarding Jimmie John’s policies are irrelevant. While they make good sound bites they really don’t change anything. A delivery driver is operating their motor vehicle while acting in the course and scope of their employment by Jimmie John’s because they are acting in furtherance of Jimmie John’s business purposes and because Jimmie John’s has the right to control the detail of the delivery driver’s work. Thus, pursuant to the Doctrine of Respondeat Superior, Jimmie John’s is legally responsible for the Wrongful Death claim made against their driver regardless of their policies.
For more information contact www.earldrottlaw.com.