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Vicarious Liability

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Persons paid under the In-Home Supportive Services program (Welf. & Inst. Code 12300 et seq.) to care for disabled and elderly California residents are not employees of the State of California which, therefore, is not vicariously liable for their torts, such as negligent driving in this case. Read More

Four individuals protested the Golden Gate racetrack's allegedly improper treatment of race horses by sneaking onto the track, linking their arms by PVC pipes and lying across the track in a manner that prevented the racetrack from holding races.  The racetrack owner sued the four individuals for trespass and intentional interference with prospective economic advantage, naming Direct Action as an… Read More

A hospital may be held vicariously liable for a doctor's negligent treatment of a patient at the hospital if the doctor is a hospital employee or the hospital's ostensible agent.   Mejia v. Community Hospital of San Bernardino (2002) 99 Cal.App.4th 1448; Whitlow v. Rideout Memorial Hospital (2015) 237 Cal.App.4th 631.  Here, the trial court correctly granted the hospital summary judgment… Read More

Best Buy is not liable for an independent contractor's negligent installation of a Best Buy washer on the plaintiff's premises which resulted in extensive water damage.  Best Buy hired firm 1 to transport Best Buy products to purchasers' properties.  Firm 1 contracted with local transportation companies to provide the actual transportation and installation services.  The local company that transported and… Read More

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