Jake owns a company called Boat Builders, LLC and one evening he took several of his employees out after work to a bar. After eating and drinking for several hours Jake invited them back to the Boat Builders premises so he and some of the employees could show off a boat they’d been working on. After arriving at Boat Builders they all continued to drink and two of the employees, Tyler and Mark, got into an argument. When Tyler went to use the bathroom Mark attacked him from behind causing him to lose consciousness and break a tooth. Mark made light of it but gave Jake a menacing look so Jake dropped it and went to check on Tyler. Tyler sat up and asked what happened and Jake told him that Mark had attacked him from behind. About an hour passed by during which time Jake went out to his car and got his phone so he could play music for everyone. After an hour, Tyler and Mark began to argue again and Mark attacked Tyler causing serious bodily injury. Jake called the police. When the police arrived they arrested Mark for aggravated battery and called an ambulance for Tyler. What defense(s) will Boat Builders, LLC likely raise? Does Tyler have a claim for damages against Mark as an employee of Boat Builders? Why or why not? A complete answer will answer each question, identify concepts learned in class, and analyzed with reference to specific facts.
