A delivery truck driver who worked for the Evening Star in Washington, D.C., was on his route when he was commanded by a police officer to follow a traffic violator to apprehend him.
The police officer then jumped onto the side of the truck and held on for the duration of the chase.
During the high-speed pursuit, Balinovic was injured when the truck collided with his car. Balinovic wanted to sue both the driver and the Evening Star under the theory of vicarious liability. Would vicarious liability apply here? Was the driver a servant of the Evening Star? Was the driver operating within the scope of employment? Explain.
Balinovic v. Evening Star Newspaper Co . , 113 F.2d 505 (D.C. Cir.).