Assume you are the hospital administrator responsible for press releases and public statements to the press.
Your hospital has a laboratory that provides services to physician practices. You have drivers who travel a route to pick up specimens for lab work. One day, a courier deviates from his assigned route for a two-hour lunch with his girlfriend. Afterward, he is involved in an accident on his way to the next assigned pickup point.
Is the hospital liable to the other driver? What additional facts, if any, do you need to know to answer this question? What, if anything, should be done about the courier?
Create your press statement and include it here. What do you say? What don’t you say? Be sure to include facts and law, not your personal opinion.
Press statement:
The recent accident occurred after the driver deviated from the assigned route to meet his girlfriend for lunch. As per the law of agency and the principal-agent relationship this deviation will be considered as a “frolic”.
As per the law of agency the principal will be liable for the actions of an agent if the agent has merely detoured from the appointed task. In this case the driver has “frolicked” and hence the hospital and the laboratory will not be responsible. Here the driver’s personal objective of having lunch with his girlfriend became superior to the objectives of the principal. As such any accident that occurred under the given circumstance would not result in a liability for the principal as the provisions of law of agency states that this situation is that of a frolic and not of a de minimis departure.
Assume you are the hospital administrator responsible for press releases and public statements to the press. ...
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