Day/ Knight Case

Day/ Knight CaseOn 28 January 2010 at approximately 3:00 p.m., Plaintiff Lateefah Day, a resident of Atlanta,Georgia, was stopped at a traffic light at the corner of Grace Street and Sunset Avenue in RockyMount, North Carolina, when her car was struck from the rear by a car owned by Farris Motorsand driven by Sterling Knight, a native of South Carolina. Knight was employed in themaintenance department of Farris Motors. At approximately 2:00 p.m., Knight left FarrisMotors, driving a 2007 AMC Eagle demonstrator car to pick up lunch for himself, his boss, andother employees of Farris Motors. First, however, he stopped at the nearby Petroil servicestation to get gas, after which he proceeded to the Thelma’s Country Kitchen, his favoriterestaurant, to purchase lunch. The car was working well. He parked the car in front of therestaurant (experiencing no problems with the brakes or any other mechanism) and went inside.While he was waiting for his chicken and biscuits, he drank three margaritas (alcoholic drinksmade with tequila). Drinking was prohibited by Farris Motors during working hours.Approximately fifteen minutes later he got back in the car and drove across the parking lot. Heproceeded down Grace Street at a speed between 35 and 40 miles per hour, which was about 10miles over the speed limit. Nearing the intersection, he tried to slow down. He was between 65and 75 feet from the intersection when he realized that he had no brake power at all. Day’s carwas stopped at the stop light in Knight’s lane of travel, and he hit her car from the rear.Rocky Mount Police Officer Donald B. Winstead investigated the accident and found out thatKnight’s alcohol level was above the legal limit and that there was no time for Knight to hit hisemergency brake and that the other lane was also blocked. He also discovered that Day’s licensehad been revoked.Answer each of the following questions independently: 1. Day files suit against Knight. Will she prevail? Why or why not? Discussfully applying legal principles and reasoning. 2. Assume for this question only that Knight is found liable. Will Day be ableto recover against Farris Motors? Why or why not? Discuss fully.