Law, Business, and Society 9th Edition by Tony McAdams

Exercise 36

Gonzalez, working for Land Transport, was driving his employer's tractor-trailer behind Nichols, who was driving his pickup. Gonzalez followed at an unsafe distance and twice attempted to pass in no-passing zones. Nichols responded with "predictable obscene gestures." While both drivers were stopped at a red light, Gonzalez left the company truck and attacked Nichols with a rubber-coated metal cable and a knife. Gonzalez was convicted of assault. Nichols sued Land Transport.
a. What is his claim
b. Decide the case. Explain. See Nichols v. Land Transport, 233 F.3d 21 (1st Cir. 2000).