In Campbell v. HEI Hospitality, LLC, the Second Department affirmed the lower court’s dismissal of the plaintiff’s claims against the defendants. Campbell claimed that she was injured when she collided with a lifeguard who worked at the defendants’ pool. The defendants moved for summary judgment and offered proof that the lifeguard was not employed by the hotel but, rather was hired by an independent contractor that was responsible for managing and supervising the pool. The Appellate Division in its holding reaffirmed the general rule that one who hires an independent contractor may not be held liable for the independent contractor’s negligent acts.

Thanks to Lora Gleicher for her contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03262.htm