The California Supreme Court ruled that an employer, Sugar Transport of the Northwest, LLC, can be held liable for injuries caused by one of its employees during the course and scope of employment. Under the theories of respondeat superior and negligent entrustment, the employer can be sued for negligent driving by its employee, Jose Carcamo. A 700- to 1,050-word paper is to be written analyzing: (1) the principal-agency relationship between Carcamo and Sugar Transport, (2) recommended course of action for the lawsuit and Carcamo's employment, and (3) any responsibility of Sugar Transport's HR department in hiring Carcamo and identifying any problematic employment law issues. The paper must be
Uop mgt 434 week 3 diaz v. carcamo legal analysis new
1. UOP MGT 434 Week 3 Diaz v. Carcamo Legal Analysis NEW
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MGT 434 Week 3 Diaz v. Carcamo Legal Analysis NEW
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.
2. § 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.
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.
Click the Assignment Files tab to submit your assignment.
*****NOTE FROM DINA: If it better suits your learning
style, you may submit a 10-12 slide power point, with
Speaker’s Notes and APA-formatted references and
citations. Your presentation must include a cover sheet
slide and a References slide, if you choose this option.