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1. UOP MGT 434 Week 3 Diaz v. Carcamo Legal Analysis NEW
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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

2. 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.