California Employment Law Update

Tag Archives: negligent hiring

July 2011 California Employment Law Notes

We invite you to review our newly posted July 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law.  The highlights include: Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified Arizona Law Requiring Use Of E-Verify Is Upheld U.S. Court Has Jurisdiction Over Argentinean Employees’ … Continue Reading

$22.5 Million Verdict Reversed Where Employer Admitted Its Vicarious Liability For Employee’s Negligence

Diaz v. Carcamo, 51 Cal. 4th 1148 (2011) Jose Carcamo, a truck driver for defendant Sugar Transport, caused Dawn Renae Diaz to suffer severe permanent injuries as a result of a traffic accident on Highway 101. Diaz sued Carcamo and Sugar Transport, alleging that Sugar Transport was both vicariously liable for Carcamo’s negligent driving and … Continue Reading

Investor Permitted To Proceed With Breach Of Fiduciary Duty Claim Against NY Life

Oravecz v. New York Life Ins. Co., 95 Cal. Rptr 3d 1 (Cal. Ct. App. 2009) Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged … Continue Reading

Plumbing Company Was Not Liable For Former Employee’s Murder Of Customer

Phillips v. TLC Plumbing, Inc., 172 Cal. App. 4th 1133 (2009) Trisha Phillips, the daughter and successor in interest of decedent Judith Phillips, filed a complaint against TLC, alleging negligent hiring and retention of James Joseph Cain after Cain, a former employee of TLC, murdered Judith. While Cain was employed as a plumbing service repairman … Continue Reading

County Was Not Liable For The Death Of Employee’s Husband (Whom She Murdered)

deVillers v. County of San Diego, 156 Cal. App. 4th 238 (2007) Kristin Rossum, who was employed as a toxicologist for the County of San Diego, took toxic materials from the Office of Medical Examiner (“OME”) and used them to murder her husband, Greg deVillers. After Rossum was convicted of murdering deVillers, his survivors sued … Continue Reading

Security Service Is Not Liable For Assault Allegedly Committed By Unsupervised Employee

Plancarte v. Guardsmark, LLC, 118 Cal. App. 4th 640 (2004) Eveilia Plancarte alleged that Toufik Kadah, a Guardsmark security guard, was responsible for assault, battery, false imprisonment and intentional infliction of emotional distress, all of which allegedly occurred while she was working as a janitor in a building in which Kadah was working as a … Continue Reading

ERISA Preempts Certain Claims Asserted By Deceased Employee’s Estate Against Employer

Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002) Nga Bui brought this action on behalf of her deceased husband’s estate against various parties, including his former employers, AT&T and Lucent Technologies. Bui’s husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, after undergoing two unsuccessful operations and suffering two myocardial infarctions. … Continue Reading
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