Mary Prayer works for Mount Air Holy Church. She has been employed at the Church as Reverend Gospel's adminstrative assistant for 6 years. She is payed every two-weeks and the Church pays her health-care benefits and takes taxes out of her wages. Rev. Gospel asks Mary if she could hand deliver some materials to Bishop GoodFlock's house so he could review the documents concerning the Church's current expansion project. The documents will be reviewed at the Elders meeting later in the week. On her way, Mary stops by Mitchell's Bakery to pick up some glazed-twist doughnuts, the Reverend's favorite. As she is pulling out of the the bakery, she does not see an on-coming car driven by Frank Sinner. Frank is severely injured in the accident and ultimately accumulates $500,000 in medical bills and lost wages.While Mary is away from the Church, custodian Kelly Missdeeds is cleaning window outside of the Church. She is paid once a month. She comes and goes when she wants and does not work regular hours at the church. Missdeeds is paid monthly, but the Church does not pay Missdeeds any heatlh benefits nor does the Church take out any taxes for Missdeeds. Many times, a Rev. Gospel calls Missdeeds when something needs to be done at the Church. While cleaing the windows, Missdeeds allows the ladder to fall into the street and it strikes Brian Badluck in the head. Missdeeds showed up to clean the windows that day after drinking a case of beer. After the accident, Church Choir Director, Kurt Repent smelled alcohol on Missdeeds and her speech was slurred. The Church never checked any of Missdeeds background prior to employing her. If they had contacted any previous employers, they would have told Church officials that Missdeeds had been fired for driniking on the job and careless work habits. When working at Bedford Home Contractors, Missdeeds shot a homeowner with a nail gun in the buttocks while operating the nail gun while under the influence of alcohol. In addition, if the Church had done a cursory criminal record check in Franklin County courts, they would have found that misdeeds had been convicted once for theft of an employer and for DUI (driving under the influence of alcohol) on 4 different occassions. Badluck sues the Church for his injuries.
I. Is Mount Air Holy Church responsible for the damages caused to Frank Sinner, What is the theory of the suit and what facts support the elements of that suit?
II. What is Prayer's employment status in relationship to the Church? Is Kelly Missdeeds classifed under the same employment status? What doctrine applies to this siutaion...determeing the employment status of Ms. Prayer and Ms, Misdeeds? Are there any exceptions to these legal rules?
III. Is Mary Prayer in the scope of employment? Why or why not? Does Frank Sinner win under his claim? Who are the defendants in Sinner case?
IV. What is the outcome of the case against the church by Brian Badluck? Support your answer by legal concepts we discussed under employment law.