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California State University Fullerton Legal Negligent Liability Elements Case Study

 

4 – 5 PAGE PAPER ON CASE STUDY. MUST REFERENCE COURSE TEXT IN ADDITION
TO AT LEAST TWO SCHOLARLY SOURCES. CHAPTER TO REFERENCE FROM TEXTBOOK IS
ATTACHED. THIS IS A LAW CLASS AND INSTRUCTOR IS VERY PICKY WITH GRAMMAR
AND ENSURING ALL QUESTIONS ARE ANSWERED WITH SUFFICIENT EVIDENCE TO
SUPPORT CASE. PLEASE SEE FURTHER INSTRUCTIONS BELOW…

Superior Electrical (Superior) was in the business of installing
electrical wiring and related components at new construction sites.
Because some employees were assigned company vehicles equipped with
company tools and materials and were expected to drive those vehicles to
the work sites, Superior required all employment applicants to hold a
valid driver’s license. Employees who were assigned a company vehicle
were expected to drive for the company during the workday in order to
transport job materials and company tools that were kept on the vehicle
to job sites. These employees were expected to take the company issued
vehicle home at the end of the work day.

Superior hired Cory Jones as an apprentice electrician. Jones had
completed an employment application in which he stated that he had a
valid driver’s license and had not been cited for any traffic
violations. These statements were untrue. His license had been suspended
because of numerous traffic violations, including careless driving and
driving without a license. Superior did not check on his driving record
at the time he was hired because, as an apprentice electrician, he was
not being assigned a company vehicle and was not expected to drive for
the company during the work day.

About a year after hiring Jones, Superior promoted him to electrician
and assigned Jones a company vehicle equipped with a rack for
transporting wiring and other materials to and from the work sites.
Superior intended that Jones drive during the day for the company and to
take the vehicle home after the end of the work day. On a later date,
when Jones’s work hours had ended and he was driving home in the company
vehicle, he collided with two cars. The collision resulted solely from
Jones’s negligence. Carolyn Carson and her son were severely injured in
the collision and they sued Superior. The Carson’s alleged two theories
of recovery against Superior: respondeat superior and negligent hiring.

Write a four- to five-page paper (not including title and references pages) that addresses the following:

  • Identify and discuss the legal elements of negligent hiring.
  • Apply those elements of negligent hiring to the facts given in the case.
  • Analyze whether Superior would be liable for negligent hiring.
  • Identify and discuss the legal elements of respondeat superior.
  • Apply those elements of respondeat superior to the facts given in the case.
  • Analyze whether Superior would be liable on respondeat superior grounds.

The Negligent Tort Liability paper