You are here: / / BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR,...

BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE.

The First Department determined defendant bar (BR Guest’s) was not vicariously liable for an assault on plaintiff by a security guard (DiPaola), who was an independent contractor:

The record establishes that DiPaola, a security guard, was an independent contractor when the incident occurred … . The evidence shows that DiPaola was not on BR Guest’s payroll, did not receive health insurance or other fringe benefits, and that BR Guest contracted for his services as a security guard from defendant Presidium, LLC … .

The record reveals nothing more than general supervisory control, which cannot form the basis for imposing liability against BR Guest or Hanson, who was the vice president of BR Guest Inc., for plaintiff’s injuries sustained as a result of DiPaola’s assault … . The fact that BR Guest decided the number of security guards needed on a particular night and where on the premises the guards should be posted at any given time, and gave them instructions relating to the manner in which they performed their work does not render the security guards working at the premises special employees … . McLaughlan v BR Guest, Inc., 2017 NY Slip Op 02906, 1st Dept 4-13-17

 

INTENTIONAL TORTS (BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE)/ASSAULT (INTENTIONAL TORT, BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE)/EMPLOYMENT LAW (INTENTIONAL TORT, BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE)/ASSAULT (INTENTIONAL TORT, BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE)/SECURITY GUARDS  (INTENTIONAL TORT, BAR NOT LIABLE FOR ASSAULT BY SECURITY GUARD WHO WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE)

You might also like
Although “Imprudent” in Hindsight, ​Insurer Did Not Breach Duty of Good Faith by Refusing to Offer a Settlement at the Policy Limit
PLAINTIFF WAS DEEMED TO HAVE READ THE INFORMATION WHICH WAS HYPERLINKED; THEREFORE PLAINTIFF WAS DEEMED TO HAVE AGREED TO ARBITRATION (FIRST DEPT).
Failure to Provide Personal Ropes to Firefighters Is a Proper Basis for a General Municipal Law 205-a Claim
WAIVER OF SOVEREIGN IMMUNITY ARGUMENT COULD BE CONSIDERED ON APPEAL EVEN THOUGH NOT RAISED BELOW, CRITERIA EXPLAINED.
MOLINEUX/SANDOVAL HEARING IN THE HARVEY WEINSTEIN SEXUAL MISCONDUCT PROSECUTION WAS PROPERLY CLOSED TO THE PUBLIC AND THE RECORD OF THE HEARING WAS PROPERLY SEALED, NEWS-MEDIA COMPANIES’ PETITION TO UNSEAL THE RECORD DENIED (FIRST DEPT).
THE ARBITRATOR-PANEL DID NOT HAVE THE AUTHORITY TO RECONSIDER A PARTIAL FINAL AWARD IN THIS DISPUTE BETWEEN AN INSURER AND THE INSURED, THE PANEL INITIALLY FOUND THAT A $10 MILLION SETTLEMENT PAID BY THE INSURED WAS NOT A COVERED LOSS, BUT SUBSEQUENTLY REVERSED ITSELF (FIRST DEPT).
A HEAVY PUMP, 3 TO 4 FEET IN HEIGHT, WHICH WAS LEANING AGAINST THE WALL, TIPPED OVER AND STRUCK THE PLAINTIFF; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION (FIRST DEPT).
ALTHOUGH PLAINTIFF WAS AWARDED SUMMARY JUDGMENT IN THIS QUANTUM MERUIT CASE. DEFENDANT DID NOT WAIVE A JURY TRIAL AND WAS THEREFORE ENTITLED TO A JURY TRIAL ON DAMAGES; BENCH-TRIAL VERDICT REVERSED (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ISSUE OF FACT ABOUT MEANING OF AN EXCLUSION IN A FLOOD INSURANCE POLICY. CONTRACTOR OWED A DUTY OF CARE TO PLAINTIFF OVER AND ABOVE THE OBLIGATIONS IN...