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.
Include justification for your responses by citing applicable laws and/or legal cases in your discussion.
Format your paper consistent with APA guidelines, and include headings that appropriately signal topics and keep your document organized.
Please follow direction exactly. Original work only no plagiarism
Document Preview: Resources Required
HYPERLINK "http://caselaw.findlaw.com/ca-court-of-appeal/ XXXXXXXXXXhtml" Dawn Renae Diaz v. Jose Carcamo, 253 P.3d 535 (Cal. 2011)
Grading Guide
ContentMetPartially MetNot MetComments:The student explores types of principal-agency relationships and determines what type of relationship exists in this case between the driver, Jose Carcamo, and the company, Sugar Transport of the Northwest, LLC. The student recommends a course of action with respect to the lawsuit and Carcamo’s employment.The student answers if Sugar Transport’s Human Resources department has any responsibility for their role in hiring Carcamo. If the student determines Sugar Transport does have responsibility for hiring Carcamo, the student answers what other employment law issues are legally problematic concerning the hiring of Carcamo.The student identifies and explains the legal issues and laws that were violated.The student includes justification for responses by citing applicable laws and legal cases.The student uses a minimum of three outside sources.The paper is 700 to 1,050 words in length.
Total AvailableTotal Earned7#/7
Writing GuidelinesMetPartially MetNot MetComments:The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements.Intellectual property is recognized with in-text citations and a reference page.Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper.Sentences are complete, clear, and concise.Rules of grammar and usage are followed including spelling and punctuation.Total AvailableTotal Earned 3#/3
Assignment Total#10#/10Additional comments:
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