vicarious liability

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$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing conduct, including simulated masturbation…

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:

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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 directly liable for its own negligence in hiring and…

Diaz v. Carcamo, 182 Cal.App.4th 339 (2010)

Dawn Diaz was seriously injured when she was struck by a car that jumped a freeway center divider following its collision with a truck that was driven by Jose Carcamo (a truck driver who was employed by Sugar Transport). Diaz sued both drivers as well as Sugar Transport and obtained a jury verdict in the amount of…

PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, 150 Cal. App. 4th 384 (2007)

PCO, Inc., by and through its duly appointed receiver, Barry A. Fisher, filed this action against Robert L. Shapiro and his law firm, Christensen, Miller, et al., alleging that Shapiro improperly directed a group of individuals to remove over $6 million in cash (which was packed…

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 guard. Plancarte also alleged “respondeat superior,” negligent hiring and…

Yamaguchi v. Harnsmut, 106 Cal. App. 4th 472 (2003)

San Francisco Police Officer Tadao Yamaguchi and his wife, Tracy, sued Chaiyut Harnsmut and his wife, among others, for injuries Yamaguchi sustained when one of Harnsmut’s employees (Wisan Vatanavkovarun) threw scalding hot oil on Yamaguchi in the midst of an altercation that Wisan was having with one of his co-employees at the restaurant. The Court…

Miller v. Yokohama Tire Corp., 358 F.3d 616 (9th Cir. 2004)

Christopher Miller, who worked for Yokohama Tire Corporation for 11 years before his termination, alleged that he was denied overtime pay as a result of a “fraudulent scheme” on the part of his employer. Miller further alleged that Yokohama mailed him and other improperly paid employees their paychecks or pay stubs twice monthly…

Lathrop v. HealthCare Partners Med. Group, 114 Cal. App. 4th 1412 (2004)

Terry Lathrop and her husband sued HealthCare Partners, among others, for their failure to diagnose her breast cancer. The jury apportioned 58% of the fault to HealthCare Partners, which argued that it was subject to the $250,000 cap on noneconomic damages that is set forth in the Medical Injury Compensation Reform Act…

Hoblitzell v. City of Ione, 110 Cal. App. 4th 675 (2003)

Timothy Hoblitzell, a construction contractor, sued three employees of the City of Ione and the city itself after the employees identified themselves to one of Hoblitzell’s customers (a property owner) as building inspectors, told the customer that Hoblitzell had been performing the construction without permits and made disparaging remarks about the quality of…