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100. Should the court grant the radio station's motion for summary judgment?
The evidence has established the following facts: The station advertised its sponsorship on the radio and in print, distributed free tickets to the concert, staffed the event with the station's interns to assist with crowd control, and provided a station disc jockey to serve as master of ceremonies. The master of ceremonies had the authority to stop or delay the performance at any time on the basis of any safety concern. The station knew or should have known that the band routinely used unlicensed, illegal fireworks in its performances.
A young woman who attended a rock concert at a nightclub was injured when the band opened its performance with illegal fireworks that ignited foam insulation in the club's ceiling and walls. The young woman sued the radio station that sponsored the performance. The radio station has moved for summary judgment, claiming that it owed no duty to audience members.
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B is incorrect. Respondeat superior usually applies to an employer/employee relationship. An employer will be held vicariously liable for tortious acts committed by her employee if the tortious acts occur within the scope of the relationship. This doctrine does not apply because there is no employer/employee relationship. Here, there aren't enough facts to infer that.
C is incorrect. The radio station also owed a duty to the concert attendees because the radio station was heavily involved in the concert. The radio station knew or should have known that the band routinely used illegal fireworks in its performances, so it would be foreseeable that they would use fireworks here.
D is incorrect. The radio station knew or should have known of the band's propensities to use illegal fireworks. Therefore, it is not a superseding cause as a matter of law.