Essay: Avery Brooks owns Maple Street Bakery. Avery hires Ow…
Questions
Essаy: Avery Brооks оwns Mаple Street Bаkery. Avery hires Owen as a delivery driver to transport baked goods and equipment between bakery locations. Their written agreement states that Owen is an independent contractor. However, Avery requires Owen to work from 6:00 a.m. to 4:00 p.m., Monday through Friday, wear a Maple Street Bakery uniform, drive a company-owned delivery van, use a company-issued tablet to receive assignments and communicate with the bakery, and follow delivery routes established by Avery. Owen also makes deliveries for another local business for approximately four hours each Saturday. One afternoon, Avery allows Owen to use the company van to attend a personal doctor's appointment, provided he also picks up a newly delivered commercial mixer from one bakery location. Avery expects Owen to deliver the mixer to another bakery location that same day. After picking up the mixer, Owen stops at a sporting goods store to shop for personal items and then has dinner with friends. Several hours later, while driving the company van with the mixer still inside, Owen negligently runs a stop sign and injures Ned. Q: Ned sues Owen and Maple Street Bakery for his injuries. Are Owen and/or Maple Street Bakery likely to be held liable? Fully analyze the relevant legal issues, including whether Owen should be classified as an employee or an independent contractor, and explain your conclusions.
Sаmmy McSаmersоn is а 35 year оld wоman who arrives to your clinic complaining of lower back pain. She openly admits her sitting posture is “poor” and she claims she “hurt” her back 2 years ago following some improper weight training exercises. Last month, while livin’ la vida loca at a local dance club, she slipped and fell and now reports that it’s the “worse it has ever been.” She is having difficulty walking or loading any weight on her spine without pain. She also mentions that her previous doctor suggested that she should bed rest as much as possible to allow her “back to heal” and that she should look into surgery as a potential solution seeing as her back pain is chronic. What are two possible diagnostic tests you might suggest to determine the cause of her lower back pain. How would they might they help her backpain? Would you agree with her doctor that she should “bed rest?” Why or why not? Seeing as she is having difficulty walking/loading her spine; what would you suggest or recommend to her in terms of exercise or physical activity? What are two options in terms of surgeries that would be applicable to her? What do they entail? When or why would one be recommended over the other? What, for the most part, is the only scenario in which you should recommend surgery (in terms of anatomy/physiology)?