Stanley Morgan Was Employed by Pharmaco, a Pharmaceutical Manufacturer, as a Commissioned

Stanley Morgan was employed by Pharmaco, a pharmaceutical manufacturer, as a commissioned drug salesman. Stanley's responsibilities involved driving throughout the province marketing Pharmaco's product line to medical practitioners and drug retailers. In order to carry out his duties Stanley owned a station wagon which allowed him to carry his samples as well as his luggage for overnight trips. Stanley's employer gave him a substantial fixed, car allowance for using his own vehicle for company business. One sunny Friday in July, Stanley, having completed his sales calls for the day, decided to take the afternoon off and went to play golf. On his way to the course, Stanley was driving into bright sunlight, and failed to see Mrs. Seymore crossing the street, and struck her with the car. Mrs. Seymore suffered numerous injuries from the accident. What are the rights and liabilities of the parties in this case? If legal action were taken, what would be the outcome?