The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Tag Archives: Negligent Entrustment

Employers Liable Only Once For Employee Negligence – California Follows the Majority Rule

Posted in California
Under respondeat superior, an employer is held vicariously liable for the acts of an employee when driving a vehicle within the scope of employment, irrespective of any fault by the employer. Alternatively, an employer can be directly liable for its own negligence under the theory of negligent hiring/retention or negligent entrustment. As a practical matter, … Continue Reading

California Supreme Court 5/12/10 Conference

Posted in California
In its weekly conference, see list of actions, the California Supreme Court granted review in: Jankey v. Lee, in which the Court of Appeal held that the Americans with Disabilities Act does not preempt Civil Code § 55, which entitles the prevailing defendant to attorney’s fees upon defeating a claim for injunctive relief under the … Continue Reading