Rocky Mountain Mall hired George to be a Santa Claus in the mall.After a tough day of demanding kids,George stops at a bar in the mall for a cold beer.Before he knows it,he's had six beers and heads home still wearing his Santa suit.While driving,he injures a pedestrian.The injured pedestrian sues the owner of the shopping mall.Which of the following is true?
A) Because he is still in uniform he would probably be found to be within the scope of employment and the mall owner would be liable.
B) The only way the mall could avoid liability here is to prove that he was on a frolic and detour at the time of the accident.
C) The coming and going rule would probably protect the owner of the mall from liability.
D) The pedestrian must show that George intended to get drunk in order to recover.
E) The mall owner would probably be liable because the bar was in the same mall where George worked as Santa.
Correct Answer:
Verified
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