It is anticipated that Plaintiff will be getting more lien care after the the decisions in Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257, P.3d 81, 128 Cal Rptr. 3d 658 (2011) and Haygood v. Escabedo, Slip Op. No. 09-0377 (Tex. Sup. Ct. July 1, 2011). Mills & Associates gives advice on what to do to challenge that higher priced care.
Archives for December 2011
Freight Brokers Beware: You May Be On The Slippery Slope Toward Vicarious Liability For The Acts Of Your Independent Contractors
December 13, 2011
Brokers, in a desire to keep shippers happy, can exert too much control over independent contractors, turning them unknowingly into agents of the broker. Brokers will then face vicarious liability for the negligent acts of the motor carriers. Here is a great example with multi-million dollar consequences . . .
Will The Wider Availability Of Driver Qualification Data Encourage More Claims Of Negligent Hiring?
December 2, 2011
If the carrier admits vicarious liability will the jury get to hear evidence of negligent entrustment? The new CSA 2010 systems will gather and store more data on drivers than ever before. Even though the regulations themselves suggest that such data should not be admissible, plaintiff’s attorneys will never overlook the chance to try and stir the emotions of the jury by pointing to what they consider an inadequate driver history . . .
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