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CALPASC Members Should be Aware of Several Recent Appellate Court Rulings!

Thursday, November 14, 2019   (0 Comments)
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CALPASC Members Should be Aware of Several Recent Appellate Court Rulings!

There are two rulings on negligent entrustment of vehicles. While both involve personal vehicles, the issues and awards need to be considered; and appropriate measures taken by CALPASC members to reduce liability. 
  • In Fernandez, et al., v. Jimenez; the 2nd appellate district affirmed a judgment of $45 Million combined to four children of a person who died as a result of an accident caused by a drunk driver. The driver, Jimenez; and the owner of the car she used; Fernandez, were held jointly liable. Fernandez had some awareness of Jimenez's drinking, and did allow her to use the vehicle. The award for each child was broken down to $5,625,000 for past damages, and $5,625,000 for future damages. You can click here to read a copy of the ruling. 
  • In Ghezavat et al., v. Harris, the 1st appellate district gave 10% of the negligence on a fatal car accident case to a party named on the vehicle registration, for a total of $388,400. Richard Harris co-owned the vehicle with his son, John; who suffered from seizures. Richard was aware of the problem, but did not take strong enough measures in the courts eyes to deter John from driving. You can click here to read a copy of the ruling.
The CA Supreme Court rules an employer's arbitration agreement with its employees is unconscionable, and therefore unenforceable. CALPASC strongly encourages its members to have legal counsel provide clear advice on arbitration agreements that are appropriate and therefore enforceable. Click here to continue reading. 
 
An appellate court rules that in certain cases, an employment practices liability policy may have to pay defense costs, even if many of the allegations are not covered. Southern California Pizza Co. owns 250 Pizza Hut and Wing Street restaurants. They purchased an employment practices liability from a Lloyd's of London Syndicate. Click here to continue reading. 

CALPASC members are advised to have clear procedures for responding to whistleblower claims. This appellate ruling gave PAGA penalties and attorney fee awards to the whistleblowers. In Hawkins, et al., v. City of L.A., the 2nd appellate district affirms a trial court judgment. Hawkins and Kim worked in the City Dept. of Transportation as part time hearing officers. Click here to continue reading. 

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