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Vicarious Liability

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A homeowner who hired an unlicensed gardener to trim tall trees is vicariously liable to gardener’s employee who was injured in a fall due to gardener’s negligence. Read More

A primary actor or a party bearing derivative or vicarious liability for the primary actor's torts are in privity for res judicata purposes, and so, no matter which one the plaintiff sues first, a judgment against the plaintiff is binding in favor of both.   Read More

Proof of an employer's own wrongdoing is needed to impose punitive damages on the employer for an employee’s torts, even if as a separate matter it is vicariously liable for those torts.  Read More

Genuine issues of material fact existed as to whether construction employer’s yard amounted to a worksite, such that the employer could claim exemption based on the going and coming rule from liability for injuries caused by employee on his way from home to the yard.  Read More

Kaiser's Health Plan, a Know-Keane health care service plan, is not a single enterprise (or alter ego of) Kaiser Foundation Hospitals or Southern California Permanente Medical Group and so is not liable for their alleged torts.  Read More