Until relatively recently, an employee could not recover damages for unpaid wages and other wage and hour violations from an individual owner or officer of the employer unless the employee could prove some other legal basis for liability such as alter ego liability. However, alter ego liability is generally difficult to prove and has been […]
Read more...Vicarious liability
Employer Not Liable for an Accident Caused by its Employee
Kim Rushton, an employee of the City of Los Angeles (City of LA), struck and killed a pedestrian, Ralph Bingener, while commuting to work. Mr. Rushton, a 68-year old man with neurological conditions, worked as a chemist in a water quality lab checking water for semi-volatile organic compounds. He did not use his car for his employment. All of Mr. Rushton’s work was performed at the lab and he rarely left the plant for work-related travel. Continue reading “Employer Not Liable for an Accident Caused by its Employee”
An Employer May be Liable in a Car Accident Caused by an On-Call Employee
Ray David Moreno was the passenger in a company-owned pickup truck his father was driving when the vehicle veered off the road, hit an embankment, and rolled over. Mr. Moreno sustained serious injuries and sued his father’s employer, Visser Ranch, Inc. and the owner of the vehicle, Graceland Dairy, Inc. Mr. Moreno maintained that Visser Ranch was vicariously liable because the driver of the truck was acting in the scope of employment at the time of the accident. Moreno v. Visser Ranch, Inc., et al., 5th Dist. Case No. F07822 (filed December 20, 2018). Continue reading “An Employer May be Liable in a Car Accident Caused by an On-Call Employee”