employer hired driver to operate a delivery van. before allowing driver to operate the van, employer checked driver’s prior job references, required driver to undergo a physical examination by a medical doctor, and provided driver with extensive training in motor vehicle safety. medic, the doctor who examined driver, discovered that driver had a sleep disorder that caused driver to spontaneously fall asleep and that driver had on sever occasions fallen asleep while driving. driver pleaded with medic not to inform employer of the sleep disorder. medic agreed, and omitted this information from the physical examination form he sent to employer. medic also sent a letter to employer assuring employer that driver was "in all respects fit for the employment as a delivery van operator." employer then provided driver with a daily delivery route and paid him a monthly salary. while driver was making a delivery for employer, the van left the road and struck a pedestrian, who suffered severe injuries as a result. the pedestrian filed a lawsuit for damages as a result of the injuries sustained in the accident against driver, employer and medic. 1. can pedestrian prevail under the doctrine of res ipsa loquitur concerning driver's alleged negligence? 2. what arguments will pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by pedestrian against: employer? discuss. medic? discuss
