Denny Dipstick, a part-time doorman for Ace Bar and Grill, was told by the bar’s manager to “show up to work tonight in case we need you as a doorman.” Dipstick came to the bar that night wearing a jacket with the bar’s logo on it. Dipstick attacked Joe Blow in the bar’s parking lot, causing him serious injury. However, that night Dipstick did not act as a doorman – Ace did not need him, as the regular doorman showed up.
Before Ace hired Dipstick, Dipstick was involved in several fights at Ace’s and in its parking lot. Ace’s management knew all about Dipstick’s fights in the bar and in the parking lot. You are Blow’s attorney – you are going to sue Ace based on two theories of liability:
Identify each of these theories. Then, switch roles – pretend you are the trial judge; Do you rule for Ace or Blow ?