Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 10

Rubin, was driving on one of the city's streets when he inadvertently obstructed the path of a taxicab, causing the cab to come into contact with his vehicle. Angered by the Rubin's sudden blocking of his traffic lane, the taxi driver exited his cab, approached Rubin, and struck him about the head and shoulders with a metal pipe. Rubin filed suit against the cab driver to recover for bodily injuries resulting from the altercation. He also sued the Yellow Cab Company, asserting that the company was vicariously liable under the doctrine of respondeat superior. Is the Yellow Cab Company liable? Explain.