Personal Injury Law

Elderly Sacramento Woman With Hip Injury Dies At Nursing Facility, Part 14 of 20

By Moseley Collins, Esq.

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

The Law On The "Managing Agent" Requirement (Element #7 Above)

A "managing agent" is one who "exercises substantial discretionary authority over decisions that ultimately determine corporate policy." White v. Ultramar, Inc., 21 Cal. 4th 563, 577 (1999). Contrary to the suggestion of many defendants in these elder abuse actions, a managing agent does not have to be high up in the corporation. See, e.g., Egan v. Mutual of Omaha Ins. Co., 24 Cal. 3d 809, 822 (1979). Moreover, while the definition of managing agent refers to employees who determine corporate policy, California law clearly does not require an employee to be capable of determining corporate-wide policy to be a managing agent. Instead, if the corporation delegates to the employee substantial decision-making discretion within the employee's particular sphere of authority and such sphere is an important aspect of the corporation's business, the authority exercised constitutes the "ad hoc formulation of policy and the employee exercising it is a managing agent."

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

That an employee merely need exercise substantial discretion within his sphere of authority - and need not be capable of creating corporate-wide policy - to determine corporate policy and be a corporation's "managing agent" is proven both by the facts and analysis of the case that originally coined the "determine corporate policy" phrase and by a score of cases that have found employees "managing agents" who had no ability whatsoever to define corporate-wide policy. (See Part 15 of 20.)

Full post as published by Sacramento Injury Lawyer Blog on December 14, 2010 (boomark / email).