Case Problem:
Harvey Pierce was a work-release inmate from the local county jail who worked at an Arby’s franchise restaurant owned by Dennis Rasmussen, Inc. (DRI). One day in June 1999, Pierce walked off the job without permission and crossed the street to wait for his former girlfriend, Robin Kerl, and her fi ancé, David Jones, in the parking lot of the Walmart store where both Kerl and Jones worked. When Kerl and Jones exited the store, Pierce shot both of them in the head, killing Jones and seriously injuring and permanently disabling Kerl. Pierce then shot himself and died immediately. Kerl and Jones’s estate sued Arby’s and DRI for negligent supervision, hiring, and retention, arguing that Arby’s, the franchisor, was vicariously liable for the negligence of DRI, the franchisee. Do you think Arby’s should be vicariously liable for the negligence of its franchisee? Why or why not? [ Kerl v. DRI and Arby’s, Inc., 682 N.W.2d 328 (2004).]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.