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Question
In Edgewater Motels, Inc. v A.J. Gatzke and Walgreen Company, Gatzke, an employee agent of Walgreen, while filling out expense reports under the scope of his employment, accidently started a fire due to careless smoking, severely damaging the Edgewater Motel. With regard to the smoking the court determined that:A.defendant Walgreen has no liability because smoking had nothing to do with Gatzke's duties so the fire was caused by an act outside of the scope of his employment.
B.defendant Walgreen is only liable if they knew that Gatzke smoked and did not order him to stop or if they condoned or authorized smoking.
C.Edgewater wins because the smoking occurred as Gatzke was performing his job and the slight deviation for his personal comfort was reasonable and was not a severe departure from his duties.
D.Edgewater wins because Walgreen authorized him to rent the room and Walgreen is therefore liable for any intentional or unintentional acts of their employee agent that result in harm to others.
Answer
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