Nichols v. Land Transport Corporation
United States Court of Appeals for the First Circuit
223 F.3d 21 (2000)
Oscar Gonzalez was employed as a truck driver by Land Transport Corp. (defendant). One day, as Gonzalez was driving a tractor-trailer for Land Transport, he began driving aggressively. Gonzalez following very closely behind a pickup truck driven by Robert Nichols (plaintiff). Gonzalez repeatedly attempted to pass Nichols in no-pass zones. Nichols gestured obscenely at Gonzalez. When the two drivers came to a stop light, Gonzalez exited the tractor-trailer. Gonzalez confronted Nichols, attacking Nichols with a metal cable and then stabbing Nichols in the thigh with a knife. Gonzalez was convicted of aggravated assault. Nichols sued Land Transport, seeking to hold Land Transport vicariously liable for Gonzalez’s misconduct. Land Transport moved for summary judgment, which the district court granted. Nichols appealed.
Rule of Law
Holding and Reasoning (Lipez, J.)
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