MealDash, LLC hires drivers to provide fast delivery services of hot meals for families. Lawrence was
delivering a meal for the Baker family. On the way he decided to stop at ChainSaw, a local bicycle
shop, and purchase a bicycle for his daughter. When parking in ChainSaw’s lot, Lawrence backed over
James’s foot, severely injuring him. James incurred significant costs for his foot care and sues both
Lawrence and MealDash for negligence. Which of the following statements accurately describes Meal-
Dash’s potential liability? Select all correct answers from the options below and explain your reasoning.
A. MealDash will not have a defense and will be vicariously liable for Lawrence’s conduct because
he was acting within the scope of employment.
B. MealDash will not be vicariously liable for Lawrence’s conduct as long as James can show that
Lawrence was on a detour when he caused the accident.
C. MealDash will not be liable if Lawrence is found liable.
D. If MealDash hired Lawrence as an employee, it may be able to argue that Lawrence’s stop was
a "frolic" and therefore not within the scope of employment, and thus MealDash would not
be liable.
E. If MealDash hires its drivers as independent contractors, it may be able to assert that it is not
liable, and that only Lawrence is liable.