FOR BREAKING NEWS VISIT www.couriersun.com JULY 2, 2015 • THE COURIER SUN 43 EVERY WEEKEND IN NYC BerenstainBearsLive.com I (866)-811-4111 Long Island Walk Sunday, September 13, 2015 Eisenhower Park | East Meadow, NY Join our annual Walk to End Children’s Brain Tumors and help raise funds for the important work of the Children’s Brain Tumor Foundation! Walk is 3-5K. Runners welcome. Check-in is at 9 am. Walk begins at 10 am. Refreshments, music + fun activities for all ages. Registration on or prior to August 15 is $10, $15 after. Children under 5, survivors free. For more info: CBTF.org Legally Speaking By: Scott Baron, Attorney at Law Advertorial FLIPPING THE KNIFE Q: At the local tavern, Charlie the cook was well known to us regulars – both as neighbor and one of two workers. Charlie would always mingle – when not preparing or serving the food, or relieving the bartender. One night, the talk turned to street crime. Charlie showed a pocketknife and said he carried it for protection. Then he broke away to go to fill a food order. Several minutes later, as Charlie was returning from the chore, flipping the knife, my eye came in contact with its blade. A: Your attorney will argue that the tavern is vicariously liable – because Charlie was acting within the scope of his employment. It does not matter that, at the precise instant of your misfortune, Charlie was not plying his skills as a cook, waiter or bartender. The friendly relations that Charlie enjoyed with the patrons, enhancing the popularity of the tavern, were part and parcel of his employment. Even if there was no express understanding that Charlie would socialize, his interaction with visitors was a concomitant of the job. For Charlie to be regarded as acting within the scope of his employment, the tavern need not have foreseen the precise act or the exact manner of the injury as long as the general type of conduct could reasonably be expected. The tavern was obliged to anticipate that in the course of Charlie’s varied activities – in an instant of inattention – he might, through carelessness, do more-or-less this kind of injury, with no-matter-what instrument. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 White Star Limousine was founded in 1952 and has been family owned and operated for over three generations. Ask us about the specials we o er for you next special event WWHITESTAR LIMOUSINES 20 Jericho Turnpike, New Hyde Park, NY 516.233.2911 www.whitestarlimousine.com
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