(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.)
PLAINTIFFS’ SIXTH CAUSE OF ACTION FOR NEGLIGENT HIRING, SUPERVISION, AND RETENTION OF REBECCA COCKRILL STATES A CLAIM.
Liability for negligent hiring, training, retention, or supervision is based on the principle that an enterprise should bear the loss for its negligence in hiring, training, or retaining unsuitable employees. Mendoza v. City of Los Angeles (1998) 66 Cal.App.4th 1333, 1339-1340. See also Restatement of Agency (2nd) Section 213 (employer liable to third parties for injuries caused by inadequate training and supervision of its employees).
Here, with respect to Steven Brown, the first amended complaint alleges that defendants owed him a duty of care in connection with the managers they hired and retained to run the facility, based on their special relationship with him. Mr. Brown paid defendants more than $41,000 to provide care for him, which defendants did not provide, by reason of Ms. Cockrill’s mismanagement of the Universal Care facility. This is an economic loss sufficient to show damages to Mr. Brown on this cause of action.
Plaintiffs Christina and David Brown concede that they as individuals, as opposed to successors in interest, have not stated a cause of action for negligent hiring.
PLAINTIFFS’ SEVENTH CAUSE OF ACTION FOR FRAUD STATES A CLAIM.
Plaintiffs state claims for both intentional misrepresentation and concealment. The elements of a cause of action for concealment are: (1) defendant concealed or suppressed a material fact; (2) defendant was under a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) plaintiff was unaware of the fact and would not have acted as she did if she had known of the concealed or suppressed fact; (5) the concealment or suppression of the fact cause the plaintiff to sustain damages. See Marketing West, Inc. v. Sanyo Fisher (1992) 6 Cal.App.4th 603,612-613. Concealment, unlike other forms of fraud, depends only on the defendant having a duty to disclose the fact, and the defendants concealment or suppression of the fact.
The elements of a cause of action for intentional misrepresentation are (1) misrepresentation (false representation, concealment, or nondisclosure) of a material fact; (2) knowledge of falsity or lack of reasonable grounds of belief in the truth of the representation; (3) intent to induce reliance; 4) actual and justifiable reliance; 5) resulting damage. Gold v. Los Angeles Democratic League(197) 49 Cal.App.3d 365,374. A misrepresentation maybe implied from the circumstances surrounding the transaction. Mary Pickford Co. v. Bayley Brothers Inc. (1939) 12 Cal.2d 501, 509. (See Part 9 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.