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Liability for negligent hiring & retention 403
September 19th, 2011 admin
Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Diaz v Carcamo, 182 Cal.App.4th 339(2010) (2/6) S’s employee, C, injured D. [1]San-Diego-Auto-Accident-lawyer.com S’s direct liability for negligent hiring & retention of C proper even if S admits C in course & scope of employment. [2] Evidence of C’s ‘checkered past’ admissible to prove #1 issue, and not barred as Ev C § 1101 character evidence where limiting instruction given. [3] Failure to preserve tachograph (truck speed recorder) supports giving instruction on willful suppression even w/o evidence showing S knew its purpose, as in ‘Ah c’mon, everyone in trucking knows what a tachograph is.’ San Diego personal injury attorney.