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Business, 12.12.2020 19:20 TravisI00

Nicholas Brown was a student at Georgia Tech University and a member of the Ramblin’ Reck spirit club. Georgia Tech owns a Model A automobile called the Ramblin’ Reck, which is the university’s mascot. Members of the spirit club are responsible for driving the car at university events. Eco-Clean, Inc. installed new wood handles on the vehicle. One day, Brown was standing on the Model A’s passenger side running board and grasping the wooden door handle while the vehicle was being operated by a fellow Georgia Tech student. The handle snapped off and Brown fell to the pavement, suffering severe injuries. Eyewitnesses testified that the car accelerated through a red light and that the car was turning at an unusually high rate of speed at the time of the accident. Brown sued the university and Eco-Clean for negligence. The jury found that Eco-Clean was negligent for installing the door handle with short wooden screws rather than stronger bolts. It also found that the student driver was an agent of the university and that the university was vicariously liable for the driver’s negligence. The university appealed the decision, alleging that the driver of the Model T was not its agent. Was the driver of the car an agent of Georgia Tech University?

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