fact pattern
Description
Elmo, who is a pizza delivery man for the Italian Deli and Pizzeria in Marco Island, Florida, has a checkered driving history. Before being hired by Jimmy, the owner of the Italian Deli and Pizzeria, Elmo had a prior arrest for DUI while attending college in Birmingham, Alabama. However, Elmo beat the charge because his father’s best friend served as the local municipal judge in Birmingham, Alabama. In 1996, Elmo, who grew up in New Jersey, had his license suspended in New Jersey because he failed to pay for a speeding ticket he received for driving 75 miles per hour in a school zone. In 2013, Elmo had this license suspended for speeding in Georgia. On his application in response to the following question, “Have you ever received a traffic violation or has your driving license in any state been suspended?” Elmo answered no. Because Jimmy did not want to run a full background check on Elmo for financial reasons, Jimmy relied upon Elmo’s representations on his application. Two weeks after being hired by Jimmy, Elmo gets into a car accident with Jane while delivering a pizza for Jimmy. At the time of the accident, Elmo is driving 20 miles over the speed limit in a school zone. As a result of the accident, Jane receives paralyzing injuries. Jane files a lawsuit against Elmo, Jimmy, and the Italian Deli. Please discuss all of the legal issues raised by this fact pattern. Please examine all of the legal issues posed by this fact pattern. When analyzing this fact pattern, please make sure that you identify any parties that Jane may sue and any legal defenses that these parties may raise. Also, consider the impact of state law on the analysis of the parties’ liability and defenses.
