Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment. The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 […]
Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope
Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope
In an earlier post HERE, the Nevada Trucking Law Blog called attention to decisions coming out of the U.S. District Court for Nevada supporting the proposition that claims of negligent entrustment / training / supervision should be dismissed if the motor carrier admits its driver was in the course and scope of employment. See Adele […]
Motor Carrier Admits That Its Driver Was In The Course And Scope of Employment. Court Dismisses Allegations Of Negligent Entrustment / Training
In the case of Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D.Nev. 2013), the U.S. District Court, District of Nevada faced the question of whether the claims of negligent training or negligent entrustment can survive where the motor carrier has admitted that its driver was in the course and scope of […]
Will The Wider Availability Of Driver Qualification Data Encourage More Claims Of Negligent Hiring?
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 . . .