Strategies, Challenges, and Answers

Even Though An Employee Is A Supervisor, If Not A “Managing Agent”, Employer Not Liable For Punitive Damages For Employee’s Acts

A night of fun at the Gold Coast Hotel and Casino turned into a nightmare for Dedric Holman and Christina Edwards. The two were enjoying some gambling in the pre-dawn hours of February 19, 1994. Dedric was sitting at a blackjack table when Christina wandered off to try her luck elsewhere. Christina happened to look […]

When Can A Trucking Company Be Held Vicariously Liable For Punitive Damages Assessed For Acts Of Its Employee Driver?

I hope that it has never happened to you. But at some point in the operation of a trucking company, you might get the call that an employee driver has been involved in an accident and that the driver is intoxicated. In Nevada and in many other states, drunk drivers are not only subject to criminal sanctions and can be sued for causing injuries, but can also be assessed with punitive damages. Punitive damages are those damages meant not just to pay back the injured party, but to punish the wrongdoer. If you as the owner were facing such a situation, you should be asking yourself, “Am I going to get punished for the wrongdoing of my driver?” . . .

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These posts on the Mills & Associates Nevada Trucking Law blog are published to provide useful insights on Nevada trucking law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.
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CSA Replacing Safestat In 2010

In July 2010 the new federally mandated Comprehensive Safety Analysis (CSA) takes effect. The CSA replaces the existing SAFESTAT and provides detailed information concerning truck safety, and driver qualifications, including driver history online…

Are Negligent Hiring, Supervision, Or Retention Viable Causes Of Action When The Employer Admits That The Employee Was In The Course And Scope Of Employment?

When an employee causes an injury accident, Plaintiffs almost always target the employee as a Defendant in the suit. If they know about the employment relationship, Plaintiff’s attorneys will name the employer as well. Most common is a cause of action for…