AAA Cab Company Inc.
Facts: This company is a referral service for independent cab owners who agree to put on the top of their cabs a lighted sign of the above company. To get in touch with the company the public would call the number on the cab sign or out of the phone book.
The cabs are individually owned and maintained by their owners.
Racing Ray owns cab 100mph.
Fred Stumble calls the above company to take him from his home outside of the city of Mistake into the city so he can do some shopping.
The above company calls Racing who is near Stumble and he races to pick him up. On the way to Stumble’s destination, Ray picks up a package at the company headquarters to deliver for the boss near where Stumble is going.
On the way to Stumbles destination Ray hits a car coming through an intersection and injures Mumbles and Stumbles.
After the accident is resolved, Ray who now has the company car, because of the accident, decides to go see his girlfriend across town and deliver the package. On the way back. Before he gets to his girlfriends house Ray hits Unbelievable walking her dog Oops. Ray gives Unbelievable the company card, and then delivers the package. After delivering the package Ray’s car backfires causing Flyer to jump in the path of a car injuring him.
To what parties are The company and Racing liable. Are there any Defenses available to the company and Racing