Corporation Negligence ?

[Sheena]

Jurisdiction

California

Mike and his sister Andrea were climbing up Kingsley street's big hill in downtown L.A.. While driving a delivery truck for a corporation, Ike (an employee of the Corporation) ran into and injured both Mike and Andrea. Evidence at trial established that Ike was driving while under the influence of alcoholThe evidence further shows that during the hiring process the corporation did very little screening of Ike's job application before hiring him. If they had, they would have discovered he was an alcoholic. Mike and Andrea Sue both Ike and the Corporation. Who is liable, and what is the result of the lawsuit?

Could Mike and Andrea legally sue both Corporation and Ike? Or must they only sue one or the other? I'm aware that they might not want to sue Ike as they could collect more from suing the corporation. Could they really sue the corp or would they, in turn, sue the directors/officers responsible for hiring Ike? Or would the corp pay the fees in court to Mike and Andrea and the have the hiring directors/officers to personally reimburse the corporation back?

Would they issues in court then be: onyDuty of Care or am I missing one? In the form of duty of care, the Cdidn'tation didnt act "in good fath" when hiring Ike.The corporations hiring directors/officers were grossly negligent and the Business judgement rule would not save them from this mistake?

This is a case in my law class and I am unsure as to which ruling(s) would be the ideal one to go with

 

[army judge]

This is a case in my law class and I am unsure as to which ruling(s) would be the ideal one to go with

It is YOUR assignment.

Do the best you can to complete YOUR assignment.

 

[Sheena]

Thank you, I've been trying. I'm a little hazy on if it's all or some- I've completed all of the other cases -this one has me stumped.

 

[army judge]

Hint, master servant theory.
The master is responsible for the acts of his servant, which means today the employer is responsible for the acts of his/her emplployees, especially if the employee is using company issued resources.
Hmm, I guess that would be a truck.

Why sue some poor, drunken bum truck driver, when you can sue his employer.
Hint: Deep pockets theory

Okay, start thinking.

If the employer was negligent in not vetting Ike, a drunken bum, there is no shield.

In fact, insult to injury, Ike was given tons of steal and told to deliver or pick up the employer's goods.