Case+Theory

Robin and Sandra Hansbra v. Plane's Park & Polish, LLC __Case Theory-Plaintiff__ On April 18th, 2008, Reilly Blaker, while engaged in business negotiations with Brody Crisdale of Maintain Oil Change as an agent of Plane's Park and Polish LLC within the lawful scope of his employment, lethally struck 17 year old Jaya Hansbra with the company automobile while driving under the influence of alcohol. During and throughout the course of said business negotiations, Mr. Blaker maintained the objective of serving Plane's Park and Polish LLC, the employer. Blaker's action to establish business relations with Brody Crisdale of Maintain Oil Change was reasonably foreseeable by Parker Plane, proprietor, Plane's Park and Polish (PPP). Blaker, throughout his employment at PPP, was authorized to conduct and had conducted like activities within the scope of his employment. Reilly Blaker had a precedent of alcohol and opiate abuse of which Parker Plane was aware of upon Blaker's hiring. On several occasions during the employment of Reilly Blaker and other employees including Dylan Sabien, another former valet at PPP, from October 2007 through April 2008, Parker Plane flagrantly & openly breached the disciplinary code established in the Employee Manual and agreed to by both employer and employee in the Memorandum of Understanding (MOU). One of these incidents included serving alcohol to Blaker, which not only violated company policy clearly defined in the code of conduct, but Plane was well aware of Blaker's past history of alcohol abuse and the DUI he was charged with before his employment with PPP.

Recrods show that PPP was losing money, and Mr. Plane admits he saw Reilly's dealings with Brody as an opportunity to expand business and bring in lost revenue. Reilly broke numerous rules in the Employee Code of Conduct with his dealings with Brody, yet because Mr. Plane's focus was purely on making money, he neglected his responsabilities as manager and instead rewarded Reilly with a check for $500.

Resultantly, the MOU binding Reilly Blaker and Parker Plane on behalf of Plane's Park and Polish LLC, and any terms of employment agreed to under it, are null and void. As a result of the gross negligence of Plane's Park and Polish and its representative, Parker Plane, the company is liable for damages caused to the Plaintiffs, Robin and Sandra Hansbra by its employee Reilly Blaker under the doctrine of //respondeat superior//, as Blaker was working within the lawful scope of his employment at the company and with the intent to serve it when he, while driving the company car under the influence of alcohol*, lethally struck Jaya Hansbra.
 * Note: "An act may be __within the scope of employment__ although consciously criminal or tortious." Restatement (Second) of Agency §231 Criminal or Tortious Acts