Ponce v. Tractor Supply Co

In Ponce v. Tractor Supply Co. (1972) 29 Cal. App. 3d 500, a default judgment was entered against an employee of Tractor Supply Co. for $ 160,000 in general damages suffered by the plaintiffs in an automobile accident caused by the employee. The case went to trial against the employer, and a jury awarded plaintiffs a judgment for $ 184,000. The employer asserted that the default judgment collaterally estopped the plaintiffs from collecting more from the employer than from the employee. The Court of Appeal agreed. "There is ample authority for the proposition that a party secondarily liable is entitled to the benefits of a prior judgment or ruling in favor of the primary tortfeasor. Thus, a prior judgment in favor of an employee bars an action against an employer whose liability could be predicated only on respondeat superior." (Ponce, supra, 29 Cal. App. 3d at p. 505.)