2.Tom and Sand Transportation are able to move this case to the federal level because of concurrent jurisdiction. This is possible because the defendants and the plaintiff are from different states. Tom is a resident of West Virginia. Sand Transportation must follow the rules for corporation residency which states that the either where their headquarters are located or the state in which the corporation registered agent. Sand Transportation’s headquarters are in Maryland and the company was incorporated in Delaware. This gives them the option to move this case to the federal level. The case must also be worth greater than $75,000 which it does totaling to $120,000.
Question 3) Tom actions …show more content…
Sand Transportation is liable because their employee, Tom, was acting in the scope of is authority, and the actions were to benefit the company. Tom was incentivized by Sand Transportation to make it to the next destination within a certain time causing Tom to drive faster and more careless in order to receive a bonus. Also, Tom had a long history of other driving violations while driving for Sand Transportation in the last ten years. Tom was punished internally from time to time however was never suspended. This proves that this accident was foreseeable with a past history. This shows negligent on the part of Sand Transportation. Sand Transportation acted careless where they owed a duty of care to