The California Supreme Court ruled that an employer will be liable for injuries sustained by individuals
Diaz v. Carcamo Legal Analysis
The California Supreme Court ruled
that an employer will be liable for injuries sustained by individuals
due to the negligent driving of one of its employees, stating the
following:
A person injured by someone driving a car
in the course of employment may sue not only the driver but that
driver's employer. The employer can be sued on two legal theories based
on tort principles: respondeat superior and negligent entrustment.
Respondeat superior, a form of vicarious
liability, makes an employer liable, irrespective of fault, for
negligent driving by its employee in the scope of employment. The theory
of negligent entrustment makes an employer liable for its own
negligence in choosing an employee to drive a vehicle.
Write a 700- to 1,050-word paper, written in the third-person voice, that addresses the following:- Explore types of principal-agency relationships and determine what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC.
- What course of action do you recommend with respect to the lawsuit and Carcamo's employment?
- Does Sugar Transport's Human Resources department have any responsibility for their role in hiring Carcamo? If so, what other employment law issues do you find legally problematic concerning the hiring of Carcamo? Identify them and explain the legal issues and laws that were violated.
Format your paper
consistent with APA guidelines, and include headings that appropriately
signal topics and keep your document organized.
Use a minimum of three different sources within the
paper in addition to the laws and legal cases required above, and
provide in-text citations. Any laws and legal cases used in the body of
your paper must also be included in the References page.This needs to be completed by 7:00 pm on 08/01/2017 no exceptions dont accept if you cant complete it.
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