2822 REVIEW DENIED An employer is not liable for punitive damages as a result of malicious conduct by an employee unless the employer ratified that conduct or the employee was in a position to determine company policy; an employer cannot ratify an employee's conduct unless it knows of the conduct; so long as the issues are distinct and no injustice will result, a trial court may order a retrial of unresolved issues only.CitationCRUZ v HOMEBASE (Plywood) 83 CA4 160 [See: Valentine v Baxter 68 CA4 1467, T/AT 2/99; White v Ultramar 21 C4 563, T/AT 9/99; College Hosp v Superior Court 8 C4 704, T/AT 12/94]
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