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Samantha B. v. Aurora Vista Del Mar, LLC (2022) 77 Cal.App.5th 85

Thu May 26th, 2022 by  Cases of Interest

A plaintiff’s damages for professional negligence are not reduced under MICRA if the court finds reckless neglect of a dependent adult under the Elder Abuse Act; If an employer- defendant recklessly or maliciously operates their place of business, a reasonable jury could find that the defendant is more responsible for an injury than an intentional tortfeasor; Under respondent superior, an employer may be liable to a plaintiff for the sexual misconduct of its employee if the circumstances of the employees job description makes the sexual misconduct a foreseeable hazard.

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