Deitrich v. Binghamton Rd. Elec., LLC

Summary

The New York Appellate Division, Third Department held that transporting the oversized shed at issue was not an inherently dangerous activity because the alleged negligence involved ordinary failures to observe surroundings and remain within a lane. Accordingly, the independent-contractor exception to the general rule against vicarious liability did not apply, and the court dismissed the claims against Amish Country Sheds of VT, LLC. A dissent would have affirmed denial of summary judgment, concluding that factual issues concerning the shed's loading, trailer, and safety equipment required a jury determination.

Holdings

1. The transportation of the oversized load was not inherently dangerous under the facts presented because the alleged negligence—failing to observe surroundings and crossing into a neighboring lane—was an ordinary driving error avoidable through reasonable care and was not inherent in the transportation work.
2. ACS could not be held vicariously liable for the purported negligence of St Mary because St Mary was an independent contractor and no inherently dangerous-activity exception or nondelegable duty applied.
3. The specialized permit and Department of Transportation regulations did not establish a nondelegable duty or otherwise make ACS vicariously liable for St Mary's negligence.

Questions Presented

1. Whether transporting the oversized prefabricated structure was an inherently or abnormally dangerous activity creating an exception to the general rule that a party is not liable for the negligence of an independent contractor.
2. Whether ACS made a prima facie showing that the transportation activity was not inherently dangerous and whether plaintiff raised a material issue of fact in opposition.
3. Whether the permit requirements and alleged regulatory violations created a nondelegable duty or otherwise imposed vicarious liability on ACS.

Disposition

reversed