· 6/23/2011
Diaz v. Carcamo
Citations
- 253 P.3d 535
- 51 Cal. 4th 1148
- 126 Cal. Rptr. 3d 443
- 76 Cal. Comp. Cases 637
- 2011 Cal. LEXIS 6172
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that states where the preemption rule coexists with comparative fault systems include California, Missouri, Georgia, Illinois, and Texas
- reaffirming Armenta, 267 P.2d 303, after the adoption of comparative negligence
- where employer admits vicarious liability for its employee’s negligent driving, plaintiff cannot pursue a negligent entrustment claim under the state’s system of allocating comparative fault
- “No matter how negligent an employer was in entrusting a vehicle to an employee, however, it is only if the employee then drove negligently that the employer can be liable for negligent entrustment, hiring, or retention.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.