Brian Gauthier, an experienced truck driver, worked for Todesca, a paving company. After about a year driving a particular 10-wheel tri-axle dump truck, Gauthier noticed that the back-up alarm had stopped working. When he reported this, the company mechanic realized that the old alarm needed replacement. The mechanic had none in stock, so the company instructed Gauthier to drive the truck without the alarm.
About a month later, Gauthier and other Todesca drivers were delivering asphalt to the work site on a highway at the entrance to a shopping mall. A police officer directed the construction vehicles and the routine mall traffic. A different driver asked the officer to "watch our backs" as the trucks backed through the intersection. All of the other trucks were equipped with back-up alarms. When it was Gauthier's turn to back up, he struck the police officer, killing him.
The state charged the Todesca corporation with motor vehicle homicide, and the jury found the company guilty. The trial judge imposed a fine-of $2,500. The court of appeals reversed the conviction, and the prosecution appealed to the state's highest court.
Issue:Could the company be found guilty of motor vehicle homicide?