Nature of the Case
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Facts
Mavrikidis (P) was severely burned in an automobile accident when her vehicle was struck by a truck driven by Gerald Petullo (D) and registered to Petullo Brothers, Inc. (D) The truck had run a red light, struck a telephone pole, and overturned, spilling its contents of hot asphalt on P's car. At the time of the accident, Gerald was transporting the asphalt to a job site at Clar Pine Servicenter (D), a retail gasoline and automotive repair shop. Clar Pine (D) had hired Gerald's father, Angelo Petullo (D), to perform asphalt and concrete work as part of the renovation of the service station. Petullo Brothers (D) was indebted to Clar Pine (D) for between $ 12,000 and $ 20,000. In exchange for the asphalt work, the parties orally agreed that Petullo Brothers (D) would receive a $ 6,800 credit toward its debt. At the scene of the accident, Gerald (D) stated to the responding police officer that he was unable to stop at the red light because of the load on his truck. Tickets were issued for driving while on the suspended list and another for failure to stop at a red light. Angelo (D) arrived on the scene to assist in cleaning up the asphalt and identified himself as the owner of Petullo Brothers. The officer issued three summonses to Angelo -- one for driving while suspended, one for having no vehicle insurance, and one for allowing an unlicensed driver (Gerald (D)) operate the vehicle. An inspection of Gerald's truck revealed two weight violations: the truck's weight at the time of the accident exceeded the gross vehicle weight for which it was registered; and the combined weight per axle of the cargo and vehicle exceeded the statutory limit. In addition, the truck's right rear brake was 'non-existent.' The testimony of plaintiff's expert indicated that the cause of the accident was primarily due to the truck being excessively overloaded. The Petullos (Ds) pleaded guilty in municipal court to driving while on the suspended list. Gerald (D) also pleaded guilty to disregarding a traffic signal and failing to have insurance. Petullo Brothers (D), through Gerald (D), pleaded guilty to operating an unsafe and overweight vehicle. P got $ 750,000 in damages and $ 30,000 to her husband per quod. Clar Pine (D) was determined to be 17 percent negligent for engaging a reckless contractor, that Clar Pine (D) retained control of the 'manner and means' of performing the paving work, and that such work was 'an inherently dangerous activity.' The court entered judgment against Clar Pine (D) for 89 Percent of the total damages awarded. The Appellate Division reversed with respect to Clar Pine (D), holding that there was insufficient evidence to support a finding of vicarious liability. It further found insufficient evidence to support a finding that Clar Pine was independently negligent in hiring the Petullo Brothers (D).
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