Castellanos v. Tommy John, LLC

321 P.3d 218 (2014)

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Nature of the Case

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Facts

P was involved in a physical altercation with security guards at a bar and restaurant owned and operated by D. The guards were employees of Thor Staffing, a company that had contracted with D to provide security services at the establishment. Thor Staffing was an independent contractor with the responsibility to determine the best methods and procedures necessary to perform its services. D did not provide any guidance or training to, or impose any rules or regulations controlling the actions of, Thor Staffing's security guards. Based on respondeat superior, P alleged that D was liable for the security guards' intentional torts, including assault, battery, and false imprisonment. P also alleged negligence in the hiring, supervision, and retention or individual guards. D moved for summary judgment in that Thor was an independent contractor and D had nothing to do with the hiring or retention of individual guards. P also alleged that D had a nondelegable duty to keep the premises safe. The court granted D summary judgment. P appealed.