Business Law Homework

ARTICLE 1WESH 2 Orlando
wesh.com Posted: 6:44 pm EST January 26, 2006
Fatal Accident Driver Has Long Legal History
Investigators are still piecing together why an 18-wheeler slammed into the back of a car
and school bus in Lake Butler yesterday, causing seven children to die. The truck that
was involved in the accident was owned and operated by Crete Carrier Corp. It’s a
trucking company that has a pretty good reputation for safety nationwide.
But the driver who was behind the wheel had anything but that. The WESH 2 I-Team
discovered that he has a long history of problems with the law. According to driving
records obtained by the I-Team, Alvin Wilkerson has been cited for eight traffic
violations since 1995, including two speeding tickets and two seat belt violations. He’s
also been cited twice for driving with a suspended or revoked license and twice more for
operating a motor vehicle in an unsafe condition.
Wilkerson, age 31, was driving for Crete Carrier Corp., which is headquartered in Lincoln,
Neb. Crete employs 5,400 drivers operating 5,100 tractor-trailers around the country.
According to Federal Motor Carrier Safety Administration records, Crete carries a
satisfactory safety rating. Even so, the I-Team discovered that in the last two years,
Crete drivers have been involved in 482 crashes and 20 of those ended in fatalities.
In Florida, transportation officials conducted 259 inspections of Crete trucks and drivers
in the last two years alone and found 111 violations. Eight of those violations were so
serious that inspectors immediately forced the trucks out of service and off the road.
WESH 2 News asked Crete officials why they would hire someone with Wilkerson’s
driving record, but they did not respond.
A Florida Highway Patrol investigation of the accident continues. An investigator said
they are checking on the truck’s systems. He said there was no indication that the truck’s
brakes failed, but it appears the truck made no effort to stop before it slammed into that
car full of children.
Seven children, all related, perished in the crash when the car burst into flames. Their
bodies were charred beyond recognition. Eight children on the school bus and the driver
were transported to Shands HealthCare hospitals. Three of the children are reported in
critical condition. Alvin Wilkerson suffered minor injuries and is reportedly at home.
Flag question: Spacer
ARTICLE 2
NTSB releases details on Lake Butler crash
No charges have been filed against bus driver, although a criminal investigation
continues.
By ASSOCIATED PRESS Published February 3, 2006
LAKE BUTLER, FLORIDA – The truck driver who plowed into a car at a school bus stop
last week killing seven children had been awake for 34 hours, except for a short nap, an
investigator with the National Transportation Safety Board said Friday.
David Rayburn, the lead NTSB investigator for the Lake Butler crash, said the 31-yearold truck driver, Alvin Wilkerson, was refusing to talk to investigators about the
accident.
Blood tests showed he had not been using alcohol or drugs, Leeper said. Wilkerson was
not using his cell phone at the time of the accident. No charges have been filed against
Wilkerson, although a criminal investigation continues.
Rayburn said driver fatigue was one of the main factors being looked into as the cause of
the crash. “He was driving quite a bit during those 34 hours, probably too much,”
Rayburn said, adding that Wilkerson was making deliveries and loading and unloading his
truck. At the time of the crash, Wilkerson was driving a load of bottled water from High
Springs to Jacksonville, a trip of about 85 miles.
The NTSB, using an identical school bus and truck, determined the school bus should
have been visible for about 3,000 feet (more than half a mile) and there was some light
skid marks before hitting the car and pushing it into the school bus.
The car burst into flames, killing all seven children, and forcing it under the school bus,
carrying nine children. The dead victims were all related, five were siblings and two were
their cousins. Two children from the bus remain at Shands hospital in Gainesville in
serious condition.
Rayburn said both the bus driver and the truck driver had valid commercial licenses. He
noted that the driver of the car, Nikki Mann, was only 15, and had only a learner’s
permit. She was talking on her cell phone when the truck hit the back of her car.
Sheriff Jerry Whitehead said the crash was not Nikki Mann’s fault. “Accidents happen.
This was a tragedy. I don’t believe she was at all at fault. The truck plowed into them
and they had no chance.”
Rayburn said there were no mechanical problems with any of the vehicles involved and a
recorder on the truck did not show the impact. Investigators don’t know if a dog riding in
Wilkerson’s truck played any part in the collision.
This tiny Union City town has been mourning since the crash last week. On Monday, the
five children of Terry and Barbara Mann were buried after a service at the First Christian
Church in Lake Butler. They were Nikki, 15, and adopted children Elizabeth, 15, Johnny,
13, Heaven, 3, and 20-month-old Anthony.
Their cousins, twins Ashley and Amanda Finn, 13, were buried Wednesday next to the
body of William Edwin Scott, 70, the grandfather of the seven children. Scott died of a
heart attack shortly after hearing about the accident.
Question 1: Given the facts in the article and what you have learned in this class, which kind of
case is most probable as a result of the accident?
1- Tort
2- Contract
Question 2: Name the two potential defendants with obvious liability for this accident:
Question 3: Name 4 potential individual plaintiffs who could bring a civil lawsuit resulting from
the accident against one or both of the defendants you identified.
Question 4: Assume the civil case was filed in Florida state court. Why would such court have
subject matter jurisdiction over the case?
1- The accident occurred in Florida.
2- The children were Florida residents.
3- The truck driver was likely a Florida resident.
Question 5: Assume the driver of the truck is an employee of the trucking company. Under
agency law, is the trucking company liable for the damages caused by this accident? In one
sentence, apply and explain the legal concept that supports your answer.
Question 6: Assume the driver of the truck is an employee of the trucking company. Under
agency law, can the driver be held liable for damages caused by this accident? In one sentence,
apply and explain the legal concepts to support your answer.
Question 7: Assume the driver of the truck is an independent contractor for the trucking
company. Under agency law, can the driver be held liable for damages caused by this accident?
In one sentence, apply and explain the legal concepts to support your answer.
Question 8: Assume the driver of the truck is an independent contractor with the trucking
company. In one sentence, apply agency law concepts and make an argument for whether Crete
can be held liable.
Question 9: If the victims sue Wilkerson for this accident, does Crete have to indemnify him?
Apply agency law concepts to explain and support your answer.
Question 10: What is a principal required to do when it indemnifies an agent?
Question 11: Refer back to the two defendants you identified above. In two sentences (one for
each defendant), explain why punitive damages might be possible against them.
Question12: For each of the defendants identified above, consider whether criminal charges
would be possible. In two sentences (one for each defendant), explain whether you think criminal
charges are in order.