[Club Security] Trevor works security at Night Club and often has to escort rowdy patrons outside of the club. One night Trevor was called to separate a fight that started between Zack and Pat. When Trevor approached the fight, he saw Zack on top of Pat, punching him repeatedly. Trevor approached Zack and yelled, "Stop!" and "Security!" Zack would not stop punching Pat. Trevor removed Zack from Pat and tried to restrain him as he was thrashing around the bar. Zack head-butted Trevor in attempt to get away, causing Trevor to fallback. When Trevor stood back up, he threw a chair toward Zack but hit Pat on accident, resulting in a broken leg. Trevor then observed Zack attempting to fight with other customers and tried to take him down by jumping on his back. Zack was injured and suffered a pelvic fracture. Trevor received help from other bar patrons and Zack was escorted out of the building and detained until the police arrived.
-If Zack sues Night Club for his injury based on Trevor's acts, would it be liable?
A) Night Club would not be liable because Trevor was not acting within the scope of his employment.
B) Night Club would not be liable because Trevor's acts toward Zack were not criminal or tortious.
C) Night Club would be liable because it was unnecessary for Trevor to jump on Zack's back.
D) Night Club would be liable because it should have anticipated an injury similar to Zack's based on the type of business it conducts.
E) Night Club would not be liable, only Pat is liable.
Correct Answer:
Verified
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