Essay Question Marsha drove a truck, made routine deliveries, and undertook other driving responsibilities for Pukaberry Farms. She was responsible for maintaining her own operator casualty insurance, paying for any traffic tickets she might receive while operating a Farms vehicle, and being available "on call" for driving assignments, both on weekdays and weekends. When "on call," Marsha had the right to refuse any Farms assignment and to drive for other companies, which she did on occasion. One weekend, Marsha was called by Farms to drive to Finleytown. She agreed to the assignment. Marsha's instructions were "to proceed due west by way of Cootztown where she was to remain overnight." Also, she was specifically told not to smoke while in the Farms' truck. The next day, Marsha drove the Farms' truck towards Cootztown by way of Rockville, where she conducted some personal business. From Rockville, she proceeded directly toward Cootztown. Before arriving at Cootztown, Marsha stopped at a gas station to fill the truck with gasoline and get a pack of cigarettes. She purchased the cigarettes and was smoking one while standing in the parking lot of the station. Before returning to the truck, she attempted to extinguish the lit cigarette against the side of a large steel container. Unfortunately, the container held a flammable liquid and ignited, causing a fire and serious damage to the property.

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Essay Question Marsha drove a truck, made routine deliveries, and undertook other driving responsibilities for Pukaberry Farms. She was responsible for maintaining her own operator casualty insurance, paying for any traffic tickets she might receive while operating a Farms vehicle, and being available "on call" for driving assignments, both on weekdays and weekends. When "on call," Marsha had the right to refuse any Farms assignment and to drive for other companies, which she did on occasion. One weekend, Marsha was called by Farms to drive to Finleytown. She agreed to the assignment. Marsha's instructions were "to proceed due west by way of Cootztown where she was to remain overnight." Also, she was specifically told not to smoke while in the Farms' truck. The next day, Marsha drove the Farms' truck towards Cootztown by way of Rockville, where she conducted some personal business. From Rockville, she proceeded directly toward Cootztown. Before arriving at Cootztown, Marsha stopped at a gas station to fill the truck with gasoline and get a pack of cigarettes. She purchased the cigarettes and was smoking one while standing in the parking lot of the station. Before returning to the truck, she attempted to extinguish the lit cigarette against the side of a large steel container. Unfortunately, the container held a flammable liquid and ignited, causing a fire and serious damage to the property.

 

OUESTION: Assuming that Marsha was negligent in extinguishing her cigarette, discuss whether Farms may be vicariously liable for the resultant damage to the gas station 

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