Staffing Case

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Employee is hired through a staffing agency as a medical assistant. The staffing agency sends employee to a customer facility. While working with the customer facility, the medical assistant poisoned a coworker whom there were two previous arguments with. The coworker sues the staffing agency, and the staffing agency is granted summary judgement.
Procedural History:
This legal case came into conclusion with the decision of three judges , the Judgement affirmed and defendant is to recover its costs on appeal.
Legal Issues:
This case was brought to court for us to consider whether Nursefinders was liable for the actions that Theresa Drummond was accused of on behalf of Sara Montague. The legal issues facing this case are:
Vicarious Liability …show more content…
(Wilson v. County of San Diego (2001)91 Cal. Appt. 4th 974, 984.) At the time of the incident, Drummond was considered a special employee of Kaiser and Nursefinders has no control over her actions. Nursefinders provided evidence of being a staffing agency and hiring Drummond as a medical assistant. Drummond then was able to obtain a position as a medical assistant in Kaiser, evidence of Nursefinders was sufficient enough to show that the Drummond's actions where not following her employment with Nursefinders. Montague did not provide supportive evidence that proved that Drummond poured caroling acid to her water bottle a day or two after the argument she had with Drummond over misplaced lab slips. Nursefinders has a duty to train its employees regarding workplace violence. (Phillips v. TLC Plumbing, inc. (2009) 172 Cal. App.4th 1133, 1140) Montague cited Drummond’s deposition and claimed Drummond received no proper orientation in managing violence in the workplace and failed to prove evidence to support her allegations. Due to lack of evidence, Nursefinders was granted summary judgement in negligence cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826,

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