In the case of:

Motes v. Curry County Adult Detention Center, 2018 WL 6293464 (N. Mex. Ct. App. 2018), cert. denied, No. S-1-SC-37445 (May 1, 2019).

Link to case summary from Legal-

https://www.leagle.com/decision/innmco20190702303

QUESTIONS

• Is this a case of Respondeat Superior? Why or why not? Explain your answer.

https://www.law.cornell.edu/wex/respondeat_superior

• Under the Common-Law Defenses Available to an Employer When Sued for Work-Related Injuries, what specific legal defense could the Curry County Adult Detention Center use in this case? Could there be more than one defense and Why?

Exhibit 30.4

Common-Law Defenses Available to an Employer When Sued for Work-Related Injuries

Legal Defense	Consequence
Contributory negligence of the injured employee	Bars recovery
Comparative negligence of the injured employee	Reduces recovery
Assumption of the risk by the injured employee	Bars recovery or reduces recovery
Fellow Employee Doctrine (Fellow Servant Doctrine)	Bars recovery

• The Courts held that Motes should receive worker's compensation for her injuries. Curry County Adult Detention Center and Insurer contend Motes is not entitled to compensation because, given the nature of this case, she cannot establish her injuries arose out of and in the course of her employment as required for compensability? If you were the judge, based on the evidence in this case, who would you rule in favor of and why? Explain your answer in detail.

• A stronger policy needs to be set forth that would assure that this type of behavior is not condoned by management and discipline would be enforced if the policy were violated. a.) Write brief custom policy statement that can be included in the HR Handbook.

https://www.xperthr.com/policies-and-documents/horseplay-policy/5959/

• Write a custom outline of the disciplinary procedure that would follow if the policy is violated that will allow uniformity among all supervisors.

https://www.cleanlink.com/cp/article/Employee-Discipline-For-Intoxication-And-Horseplay--17640

https://www.xperthr.com/employment-law-manual/employee-discipline-federal/2256/

• Given the culture of the Center, do you believe that the County was in their right to fire both Cloud and Motes? Was this a case of Just Cause? Why or why not?

https://legal-dictionary.thefreedictionary.com/Just+Cause

https://hr.ucdavis.edu/departments/elr/corrective-action/just-cause

• Based on your research, list three necessary changes to leadership that you believe need to occur at Curry County Adult Detention Center. Explain why these changes are necessary.

Download 1-How-Effective-Leadership.pdf