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
ORDER DISMISSING COMPLAINT, ENTERED BY THE CLERK AT THE DIRECTION OF THE APPELLATE COURT AFTER REVERSAL, DOES NOT BRING UP TRIAL INTERLOCUTORY RULINGS FOR APPEAL.
THE NATIONAL RIFLE ASSOCIATION’S (NRA’S) FIRST AMENDMENT RETALIATION AND SELECTIVE ENFORCEMENT COUNTERCLAIMS AGAINST THE NEW YORK ATTORNEY GENERAL (NYAD) WERE PROPERLY DISMISSED; WITH RESPECT TO THE RETALIATION COUNTERCLAIM, THE NYAD DEMONSTRATED PROBABLE CAUSE TO SUE THE NRA (FIRST DEPT).
PLAINTIFF FELL FROM A SCAFFOLD WHICH HAD NO RAILINGS, PLAINTIFF DID NOT NEED TO DEMONSTRATE THE SCAFFOLD WAS DEFECTIVE, PLAINTIFF PROPERLY GRANTED SUMMARY JUDGMENT ON THE LABOR LAW 240 (1) CAUSE OF ACTION (FIRST DEPT).
IN THIS DIVORCE PROCEEDING (1) THE HUSBAND’S REQUEST FOR CLOSURE OF THE COURTROOM SHOULD HAVE BEEN PUBLIC, NOT CONCEALED FROM THE PUBLIC IN EMAILS, AND (2), THE COURTROOM CLOSURE WAS IMPROPERLY BASED ON AN EXCEPTION TO THE PUBLIC-TRIAL REQUIREMENT WHICH IS NOT INCLUDED IN JUDICIARY LAW SECTION 4 (FIRST DEPT).
“Sophisticated and Well-Counseled Entity” Did Not Make Prima Facie Claim of Fraud; No Due Diligence Demonstrated
There Is No Legal or Constitutional Authority for a Pre-Execution Challenge to a Search Warrant—Facebook’s Attempt to Quash Search Warrants Seeking All the Information in 381 Subscribers’ Facebook Accounts Was Rejected
Application to File Late Notice of Claim (30 Days Late) Should Have Been Granted—Respondents Had Notice of the Incident and Short Delay Did Not Affect Ability to Investigate
Failure to Wear Hard Hat Does Not Preclude 240(1) Claim

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ISSUE OF FACT ABOUT MEANING OF AN EXCLUSION IN A FLOOD INSURANCE POLICY. QUESTIONS OF FACT WHETHER HOMEOWNER’S EXEMPTION APPLIED (LABOR LAW 240...