Diaz v. Carcamo, et al.Annotate this Case
Plaintiff sued a truck driver, the truck driver's employer, and a second driver after plaintiff sustained severe, permanent injuries from an automobile accident. At issue was whether plaintiff, who asserted both theories of respondeat superior and negligent entrustment against the employer and the employer admitted vicarious liability for any negligent driving by its employee, could still pursue the negligent entrustment claim. The court affirmed its holding in Armenta v. Churchill that an employer's admission of vicarious liability for an employee's negligent driving in the course of employment barred a plaintiff from pursuing a claim for negligent entrustment. Therefore, the trial court erred in not applying that holding to this case. The court held that, had the trial court not made the error, it was reasonably probable that the jury would have reached a result more favorable to defendants. Accordingly, the court reversed the judgment of the Court of Appeals and directed that court to reverse the trial court's judgment and remand the case for a complete retrial.