Scope of Employment
Rhonda Plascencia worked as a sales representative for iHiker and received a commission for all sales. Rhonda often visited sporting goods stores to make sales. Rhonda was traveling between sales calls in her role as an iHiker sales representative. While driving on a highway in Colorado, Rhonda rear-ended another vehicle driven by William Chase that caused significant damage to the other vehicle and personal injuries to William. Rhonda admitted that at the time of the accident she was using the mapping and GPS functions on her cell phone to check the location of her next sales call and to determine how late she was running, and that she was not looking at the road.
William Chase alleges the iHiker is directly liable for William’s property damage and personal injuries for breaching a duty to train Rhonda to not use her cell phone while driving and is vicariously liable for damages because Rhonda was iHiker’s agent at the time of the accident, as she was en route to a customer’s business while acting as an iHiker sales representative.
Discuss whether you think there is sufficient evidence to support a finding that an agency relationship existed between Rhonda and iHiker, to hold iHiker vicariously liable.