Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 4

G G Cement Contractors was a general partnership owned by two brothers, Dagoberto and Jose Gonzales. William Andrews was injured in a car accident with an employee of G G Cement. Andrews sued G G Cement, the employee, Dagoberto Gonzalez, and the estate of Jose Gonzales, who had died after the accident. Dagoberto was sued based on the theory of respondeat superior , which holds employers liable for the conduct of their employees in specific circumstances. A jury found that the employee and G G Cement were liable for Andrews's injuries and awarded damages to the plaintiff. After Andrews was unable to collect on the judgment against G G Cement, he filed a second action against Dagoberto Gonzalez as a general partner of the company. Dagoberto responded that the matter had already been litigated and he was not liable, because a judgment had been issued in his favor. Was Dagoberto correct?