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Old 01-07-2011, 02:55 PM   #34 (permalink)
Pharmacist
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Originally Posted by Mt Tam I am View Post
The accident occurred at 6:50 PM along the 38 parallel in April before sundown. Hardly late at night.

In this case Mr. K owns a 450 unit luxury apartment complex one mile away. Mr. K's uniformed (grounds keeper) employee driving Mr. K's company truck, while on the clock, attempted to put the woman that just hit my car, in Mr K's truck and drive off. Assisting somebody while in the commission of a crime, is a crime. Employers often find themselves liable for what their employees do.

Had the employee actually driven off he too would have been included in the mess. He did not drive off, so no crime on his part, As a result Mr K. had no involvement in this case.

RE: Not to mention that everyone is innocent till proven guilty. Although witnessed, the drunk woman initially denied she hit my car, then she told me I pulled out in front of her. She had a hard time walking.

A striking difference between us is that I do not give her the benefit of the doubt. She did it. She is guilty. Had he driven off with her he too would be guilty. Please do not give that legal BS that Hitler was innocent because he never had his day in court. You do it, you are guilty.

In the end she went to jail, admitting to her guilt. Mr. K's employee ended up doing the right thing. Mr. K had no involvement, although I did mention what a polite employee he had.
Well obviously that changes things. If the employee was on the clock and driving a company car that definitely exposes the employer to bad PR and also vicarious liability. That is legitimate grounds for termination. Without this information, it seemed like you were trying to drag the employer into an issue that does not concern him just to settle a personal issue with one of his employees. That's what I was commenting on.

And yes, the Hitler thing was different. It was a war, not a criminal case. In a war you are fighting an enemy, not punishing them for a crime. But yes, if he was caught alive and was to be punished for his crimes, then he would be entitled to his day in court where he would be innocent till proven guilty.
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