Problem
Robert and Mark delivered a refrigerator to X's home. X had purchased the refrigerator from Lowe's a few days prior to it being delivered. Robert and Mark routinely deliver appliances for Lowe's, Home Depot, and two other local appliance stores. The truck they used to deliver the refrigerator has "ABC Transport" on the side of the truck. While the refrigerator was being put in X's kitchen, Robert failed to put a pad under the refrigerator and scraped the refrigerator across X's new kitchen floor causing an estimated $1,000 in damage. Immediately after causing the damage to the floor, Robert tells X that he and Mark are not legally responsible for the $1,000 in damages. They tell X to contact Lowe's concerning the damage, since he purchased the refrigerator from Lowe's. X contacts Lowe's saying he wants Lowe's to pay him $1,000 for the damaged floor. Lowe's tells X they are not responsible, and he needs to contact ABC Transport about the damage. X contacts you and wants to know who is most likely legally responsible for the $1,000 in damages. State specifically what questions you would ask concerning this situation to determine who is liable and thoroughly explain why each question you ask is legally significant in determining who will be legally responsible for the damages caused by ABC Transport. List and number each question with a thorough explanation of why the information obtained by asking each question is legally significant. State who is most likely liable for the damage under the facts presented and why you reached that conclusion.