Blake was involved in a very unfortunate motor vehicle accident. Blake was driving home from work late one night. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent.
Tony was actually in the middle of his work shift, driving a delivery truck for his employer, and was on his way to one of the employer’s customers to drop off a shipment before the customer closed for the night. Cathy had just left a dinner with her boss and their clients, where she had a bit too much to drink.
It was determined at the scene that Cathy was slightly above the legal alcohol limit to drive, and she was charged with driving while intoxicated. The jury found that that Tony was 60% responsible for Blake's injuries; that Cathy was 40% responsible for Blake's injuries; and, that Blake's total damages were $100,000. Blake lives in a jurisdiction that applies joint and several liability, along with the doctrine of contribution.
Please answer the following questions:
a) As Tony was on his way to a delivery for his employer at the time of the accident, could Tony make any argument to have his employer brought into the case to pay the liabilities? Please fully explain your answer. Also, what would be the amount of damages Tony or his employer would have to pay? Explain why you determined this amount.