The Kingston Maroons Corp (Usually Known Simply as the Maroons)

Multiple Choice

The Kingston Maroons Corp (usually known simply as the Maroons) owns and operates both a hockey team by that name and the Kingston Arena. The Maroons employ Gilbert Douglas, who is the team's star player. During a recent game, Douglas was sent to the penalty box by the referee. Unhappy with the referee's decision, Douglas slammed the penalty box door shut. That caused the protective glass attached to the penalty box to shatter. Cherie, a fan who was sitting nearby, was cut by the broken glass. The evidence indicates that the accident was caused partly by Douglas's carelessness in slamming the penalty box door shut, and partly by the fact that the Maroons organization had carelessly installed the protective glass. Both Douglas and the Maroons therefore committed the tort of negligence. Which of the following statements is probably TRUE?

A) Douglas is relieved of personal liability if the Kingston Maroons Corp is held vicariously liable.
B) If Douglas is an employee of the Kingston Maroons, then he must be an independent contractor as well.
C) Douglas is not personally liable to Cherie in tort because her case falls within the workers' compensation scheme.
D) The Kingston Maroons Corp is personally liable to Cherie only if Douglas is classified as an independent contractor.
E) The Kingston Maroons Corp is vicariously liable only if Douglas is personally liable.