Case Summary

5017 REVIEW GRANTED. Where a plaintiff who was injured in an automobile collision with a truck brought an action against the truck driver's employer for vicarious liability and negligent hiring and retention, the trial court properly admitted evidence of the truck driver's prior employment and driving record even though the employer admitted it was vicariously liable. The evidence was relevant to the issue of the employer's negligent hiring and retention of the driver, which is a theory of direct liability.

DIAZ v CARCAMO (Employer's Comparative Fault) 182 CA4 339 REV GRTD [See Armenta v Churchill 42 C2 448; Evid Code § 1104; Jeld-Wen v Superior Court 131 CA4 853]