Expert answer:Diaz v. Carcamo Legal Analysis

Expert answer: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 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.Also, attached is the Grading Guide with the resources required for this assignment – Dawn Renae Diaz v. Jose Carcamo, 253
P.3d 535 (Cal. 2011)
week_3_diaz_v_carcamo_legal_analysis___grading_guide.docx

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Diaz v. Carcamo Legal Analysis Grading
Guide
MGT/434 Version 8
Employment Law
Copyright
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Diaz v. Carcamo Legal Analysis
Grading Guide
MGT/434 Version 8
Edited in accordance with University of Phoenix® editorial standards and practices.
2
Diaz v. Carcamo Legal Analysis
Grading Guide
MGT/434 Version 8
Individual Assignment: Diaz v. Carcamo Legal Analysis
Purpose of Assignment
This assignment gives students an opportunity to understand employment relationships in its various forms:
principal-agency, independent contractor, employer-employee at-will, and non-compete contractual
agreements. Students are tasked with understanding how legal liability can occur to an organization arising out
of the doctrine of respondeat superior or vicarious liability as it is also known. It further allows students to
assess how negligent hiring can result in negative consequences for an organization.
Resources Required
Dawn Renae Diaz v. Jose Carcamo, 253 P.3d 535 (Cal. 2011)
Grading Guide
Content
Met
Partially
Met
Not Met
Total
Available
Total
Earned
The student explores types of principalagency relationships and determines what
type of relationship exists in this case
between the driver, Jose Carcamo, and the
company, Sugar Transport of the Northwest,
LLC.
The student recommends a course of action
with respect to the lawsuit and Carcamo’s
employment.
The student answers if Sugar Transport’s
Human Resources department has any
responsibility for their role in hiring Carcamo.
If the student determines Sugar Transport
does have responsibility for hiring Carcamo,
the student answers what other employment
law issues are legally problematic concerning
the hiring of Carcamo.
The student identifies and explains the legal
issues and laws that were violated.
The student includes justification for
responses by citing applicable laws and legal
cases.
The student uses a minimum of three outside
sources.
The paper is 700 to 1,050 words in length.
Comments:
3
Diaz v. Carcamo Legal Analysis
Grading Guide
MGT/434 Version 8
Content
Writing Guidelines
Met
Met
Partially
Met
Not Met
7
#/7
Partially
Met
Not Met
Total
Available
Total
Earned
3
#/3
10
#/10
The paper—including tables and graphs,
headings, title page, and reference page—is
consistent with APA formatting guidelines and
meets course-level requirements.
Intellectual property is recognized with in-text
citations and a reference page.
Paragraph and sentence transitions are
present, logical, and maintain the flow
throughout the paper.
Sentences are complete, clear, and concise.
Rules of grammar and usage are followed
including spelling and punctuation.
Assignment Total
Additional comments:
#
Comments:
Comments:
4
…
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