Closing+Statement

"Don't Stop Till You Get Enough." It is hard not to keep thinking of this phrase, which could appropriately be called the mantra of Reilly Blaker's life, when the the character of Reilly Blaker unfolds. On the afternoon of April 18, 2008, Reilly not only blatantly defied the company code on several counts, but he also took the life of a young girl, Jaya Hansbra, by doing so. This unforeseen tragedy is irreversible, but it is unjust to bring charges against my client, Plane's Park and Polish. In the pursuing of a business relationship with Brody Crisdale, Reilly Blaker was after a good reputation and money for himself, not for the benefit of his employer, Plane's Park and Polish. According to the legal stipulations of this case, in order for my client to be held liable for the death of Jaya, respondeat superior must apply to the employment of Reilly Blaker. Respondeat Superior states that the conduct of an employee is within th esope of employmen if, but only if it falls under the following three categories: it is of the kind he is employed to perform; it occurs substantially within the authorized time an dspace limits; and it is actuatied, at tleast in part, by a purpose to serve te employer. Throughout the course of this case we have witnessed the proof that Reilly Blaker was not at all acting under Respondeat Superior. On April 18, Reilly picked up Brody at the Tiara Plaza Hotel in the company car at noon. Reilly, with the pretense of keeping Brody under the impression that he was negotiating business with the owner of Plane's Park and Polish, drove the company car without authorization to pick up his brother-in-law. Brody and Parker then proceeded to eat lunch at D'Luchiano's, which according to Exhibit 1, is out of the company's time and space limits. Not only did Reilly use the company car illegally, but he planned to pay for his "business lunch" with the company credit card! However, Reilly was not deterred by his flagrant abuse of Plane's Park & Polish code of conduct. Once lunch began at D'Luchiano's, Reilly and Brody began to talk extensively about business plans to merge Brody's business with Plane Park & Polish. However, throughout the course of the lunch Reilly made it very clear that he was working for himself, and not for the benefit of either Parker Plane or Plane's Park & Polish. Not only did he continue to lie about his position at the company, but he contradicted himself on multiple counts as Brody Crisdale testified, and Reilly himself said that "this was my chance to get my career back on track." In addition, Reilly also blatantly disobeyed his boss Parker by going to this lunch because Reilly was instructed by Parker to tell Brody how to get in touch with him, not meet with Brody for lunch. In fact, Parker had absolutely no idea what was going on behind his back! Needless to say, the actions Reilly took part in were actuated fully in part to serve himself, and not his employer. Lastly, Reilly Blaker was hired by Plane's Park & Polish in October 2007 as a valet. As clearly demonstrated in Exhibit 9, the Memorandum of Understanding signed my Reilly himself that stated he was aware of his terms of employment and that he agreed to the company manual. As a valet, Reilly was not authorized to conduct business negotiations, and even if Parker had promoted him to do so, he would have had to sign a new Memorandum of Understanding. In addition, Blaker flouted the rules which he agreed as demonstrated by Exhibit 11 to on four separate counts, three of which occurred during his lunch with Brody. In sections 5.5 and 5.6, it is expressly stated that employees are not allowed to use the company car and credit card without written permission. According to section 5.3, drug and alcohol use is "strictly prohibited on premises or while conducting any work on behalf of Plane's Park & Polish: and that any violation of this rule will be "grounds for immediate termination." So, according to these stipulations, if Reilly had been authorized to conduct this lunch, he would have effectively ended his employment under Plane's Park & Polish by drinking alcohol. Thus, as even Dylan Sabien agreed, Reilly completely separated himself from the business of Plane's Park & Polish by partaking in these actions. Ladies and gentlemen of the jury, the prosecution of this case has been clamoring from the beginning that Parker Plane is at fault for the regrettable and tragic death of Jaya Hansbra. However, it is absurd to claim this is the case because not only does it lie outside of the jurisdiction of Respondeat Superior, but Parker Plane had no idea what was going on. Though he was aware that Reilly had been in contact with Brody about joining businesses, he had no idea the lengths to which Reilly would go to bring a bit more glory to his name. Reilly's terms as a valet are also clearly stated- he was hired as a valet, not a business negotiator. To say that Parker Plane was the puppetteer of his marionette Reilly Blaker in this scenario is not only ridiculous, it is unjust.

What happened on April 18 was a horrible tragedy. However, no amount of money can bring Jaya back. Unfortunately for my defendatn, the company Plane's Park & Polish, the desire for power of one of its employees resulted in the loss of a life, adn now his company is being pumped for cash. Enough harm has been done already on Reilly Blaker's behalf, and it is simply unjust to bring anyone else down with him.