Luber is a company similar to Lyft and Uber. Luber considers all of the drivers that it contracts with to be independent contractors. Drivers apply through the internet to be drivers with Luber. The application contains questions about the drivers criminal history, including driving record, and work history. When Luber receives an application they do a basic background check on the driver and if the driver passes they then let the driver sign up on the internet app.
Robert Davis is a high school drop out. He has been fired from two jobs. One employer fired him for stealing. In the other job he was accused of sexual harassment and fired. He also had his license suspended when he had gotten too many citations. He does now have a driver’s license.
Robert wants to drive for Luber but he has his doubts as to whether he would be approved. Robert convinces his cousin Jack Sessions to let him use Jack’s information to apply to Luber. Robert makes an application to Uber and completes it with Jack’s information. Jack has a clean criminal, work, and driving history.
Luber informs Robert (based on the Jack information) that he is eligible and can go register on the app. Robert registers as Jack. Luber does not investigate further. Luber does not check to make sure the applicant is the correct person.
Robert begins driving as a Luber. A few weeks later he gets a rider through Luber. Her name is Candace Hunter. When Robert pulls up to pick up Candace he notices that she is very pretty. She is wearing a short skirt and low cut blouse. Robert says to Candance, “You may want to sit in the front seat because my last rider smelled and even though I cleaned the seat and sprayed there is still a smell back there.” Candance gets in the front seat.
During the drive Robert places his right hand on Candaces knee. Candace finches. As a result, Robert loses control of the car crosses lanes and side-swipes a car driven by John Goodright.
Goodright is injured and so is Candace. Both Candace and Goodright sue Robert Davis and Luber. What causes of action (grounds to sue) do Goodright and Candace have against Robert? Against Luber? What are Luber’s defenses.
Now that Roberthas been sued he notified his car insurance company about the lawsuit and sent them a copy. They sent him a letter denying coverage. The insurance company cited the following exclusion in the policy:
This policy only covers the insured and other individuals specifically named in the policy while operating the vehicle for personal reasons.
What arguments can be made on behalf of Robert as against the insurance company? How should the insurance company respond?
In your essay you should answer all the questions set forth above. Additionally, set forth any other issues you see and discuss those. You do not need to go outside the information in your textbook to write this essay. You may also want to discuss whether Candace and Goodright can sue Jack Sessions and, if so, what would the claims be and what Sessions assert as a defense.