REM Office Solutions had a contract for the maintenance and repair of the copiers at Mista Print. If one of the copiers needed repairs, this was reported to Newell, an employee REM who was the designated technician for that location. One day, Logan, one of the manager’s at Mista Print, called Newell to make a repair request and order a replacement part for one of the other copiers. Newell agreed to come the following day to do the repairs. When Newell did not arrive and failed to return Logan’s calls, Logan went REM to address the issue. There was a major print job coming up and all the printers would need to be working at full capacity in order to get the job done. When Logan arrived at REM, Newell was resting his head on the customer service counter and appeared slightly drunk. When Logan asked Newell about the repairs, Newell replied, “Don't make your problems my problems.” He repeated this statement and again rested his head on the customer service counter. Logan began screaming angrily, rousing Newell from his drunken stupor. She reached into her bag and produced a shiv,she had fashioned from an old toothbrush during her time at Rikers. She waved it Newell's face. "You are going to fix that copier today or I will gut you like a fish." Logan then stormed out of REM. Newell was so shaken up by the incident that he quit REM and was forced to undergo psychiatric treatment for his anxiety attacks. He filed a law suit against Logan to recover for his medical bills.
What claim if any could Newell bring against Logan and will he be successful? Explain fully. (Do not discuss any issues regarding the liability of Mista Print, including the concept of Respondeat Superior)
I suppose that, Newell could not bring any case against logan, as she was the one who got drunk during the working hours and has not fixed the copied which was her duty as per the maintenance contract. The statement she made “Don't make your problems my problems.” should not be used since she is under the contract for such repairs. This would be against the contract and making evident that she is failing to comply with the terms of the contract by getting drunk and refusing to fix or repair the copies. So by this we can conclude that she cannot file law suit against Logan, even though if filed she cannot claim medical bills as it was solely her mistake and not logan's to reimburse the medical expenses and it is evident that her law suit will be dismissed and the result will be given in favor to Logan.
REM Office Solutions had a contract for the maintenance and repair of the copiers at Mista...
REM Office Solutions had a contract for the maintenance and repair of the copiers at Mista Print. If one of the copiers needed repairs, this was reported to Newell, an employee REM who was the designated technician for that location. One day, Logan, one of the manager’s at Mista Print, called Newell to make a repair request and order a replacement part for one of the other copiers. Newell agreed to come the following day to do the repairs. When...
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