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Dawn Diaz V. Karen Tagliaferri Case

1086 Words5 Pages

Introduction
A case was reported in the California civil courts where Dawn Diaz sustained injuries after she was hit by a car that geared of the freeway after colliding with a truck. Diaz sued Karen Tagliaferri, the car driver and Jose Carcamo the truck driver, working for Sugar Transport for the damages. Besides, Carcamo’s employer was also sued on the basis that the employer was vicariously liable for the damages, and the company was negligent for hiring and retaining Carcamo. The jury ruled that the defendant was guilty and would meet a fee of $22,566,373 for damages sustained by Diaz and fault was apportioned to Tagliaferri, Carcamo, and Sugar Transport Company. Based on tort principles in the contract law, damages caused by an employee …show more content…

When applying this concept to a workplace scenario, you notice that an employer is the one who is entitled to any liabilities due to improper doings or negligence of duty doe by the employees. However, it is important to understand that vicarious liability can only be effective if it can be proven that the underlying liabilities were caused by actions within the course of employment operations (Giliker, 2011). For example, in Johnson v. Cornejo, Johnson sued Cornejo and Keep On Trucking Company (KNOT) for injuries caused due to a collision between a trailer truck and two passenger vehicles. Both Cornejo and KNOT were held responsible for vicarious liability since the multiple damages caused to the plaintiff occurred under the scope of employment (Johnson v. Cornejo, 2012). Similar to Diaz v. Carcamo, the Sugar Transport will be accountable for vicarious liability for the damages caused by Carcamo occurred within the scope of employment duty (Diaz v. Carcamo, 2010). It is noted that Carcamo was transporting sugar to a particular destination when he caused confusion on the road causing an accident that resulted in Diaz’s injuries. As much as Carcamo was operating in the employment frame of work, then Sugar Transport was going to meet the expenses and cover the damages caused to Diaz by the

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