Pam’s Pizza Shop hired Joey to deliver pizza to customers in the company car weekdays from 11 a.m. until 7 p.m. Although Joey drove the company car all day as part of his job, he did not have the privilege of taking the car home after his shift was over. Like most people, he had to drive his own car to and from work. One day at 4 p.m., Joey was returning to the Pizza Shop in the company car after a delivery and decided to make a quick stop at his sister’s house. It was his favorite niece’s birthday and Joey wanted to drop off a birthday gift for her. Joey knew he could do this quickly because his sister’s house was only 2 miles from the Pizza Shop. After dropping off the gift and wishing his niece a very happy birthday, Joey started to back out of his sister’s driveway. Unfortunately, his back window was partially covered with snow and Joey did not see that there was a man walking directly behind the car. He struck the man with the back end of the car, and the man suffered severe personal injury.
1. Is Pam’s Pizza Shop liable for the man’s injuries? Explain why or why not.
2. Is Joey liable for the man’s injuries? Explain why or why not.