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Zittrain Torts Playlist Spring 2018

Elzear J. Kuehn and Esther Kuehn, his wife, Appellants, v. Richard K. White and Jane Doe White, his wife, Defendants, and Inter-City Auto Freight, Inc., a Washington Corporation, Respondent.

"The Road Rage Case"

How should courts distinguish between employee's personal outbursts and their work on behalf of the company?

A truck driver (White) for the defendant company drove in a manner which put the plaintiff at risk of a crash. Plaintiff then attempted to catch up to White’s truck and signaled him to pull over. Once the plaintiff and White drove off the road and stopped their vehicles, White approached the plaintiff with a pipe and beat him with it.