Horvitz & Levy, H. Thomas Watson and Karen M. Bray for The California State Association of Counties Excess Insurance Authority, Association of California Insurance Companies and The American Insurance Association as Amici Curiae on behalf of Defendants and Appellants.
Fred J. Hiestand and Erika C. Frank for The California Chamber of Commerce and The Civil Justice Association of California as Amici Curiae on behalf of Defendants and Appellants.
Harmeyer Law Group and Jeff G. Harmeyer for Jeld-Wen, Inc., and California Trucking Association as Amici Curiae on behalf of Defendants and Appellants.
Grassini & Wrinkle and Roland Wrinkle for Plaintiff and Respondent.
Supreme Court of California.
OPINION
KENNARD, J.—
A person injured by someone driving a car in the course of employment may sue not only the driver but that driver's employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment. Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by...
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