Motorcyclist Dies After Backhoe Accident
A driver of a backhoe failed to yield while turning west onto Huntsville road from Stonebridge and struck a motorcyclist last week in Fayetteville according to the Arkansas Democrat-Gazette. Sadly, the motorcyclist, Glen Fleeman, was pronounced dead at the scene. Police cited the backhoe driver, Kevin Jordan, for failure to yield.
The backhoe is owned by Fayetteville Mechanical and had been contracted to another company when the accident occurred. Who is the other company?
The reason I ask is because the term vicarious liability or respondeat superior may be applicable to this situation. Respondeat superior is a doctrine in tort law that makes a master liable for the wrong of the servant. More specifically, the doctrine makes an employer or principal liable for the wrong of an employee or agent if it was committed within the scope of employment or agency. The “other company” may or may not be liable. We would have to know more about the situation.
We should keep the people involved in this wreck in our prayers and offer our deepest condolences for the family of Mr. Fleeman.