Friday, October 10, 2014

Maloney v. Rath case brief summary


Maloney v. Rath case brief summary

F: Rath (D) hired Evanchik to repair her brakes; he negligenctly repaired them. Later, the brakes failed and Rath Collided with Maloney (P). P seeks to hold D liable for Evanchik’s neg. under the theory of respondent superior.
TC determined that EVanchik’s neg. repair was the cause of the accident and ruled in favor of D.
 

I: Can a motorist delegate her duty to keep her brakes in working order to an independent contractor

R: a motorist cannot delegate her duty to keep her brakes in working order to an independent contractor
If repair man is negligent, motorist is negligent
 

A: If a third party is injured b/c of the neg. of an independent contractor, that third party may hold employer directly liable b/c his duty of care was nondelegable to an independent contractor. Non delegable duties include: i) the duty of a general contractor to construct a building safely, ii) duty of landowners to maintain their lands in a safe condition, iii) duty of employers and suppliers to comply with the Labor Code.
Rath was driving an automobile, which certainly presents a grave risk of seirous boidly harm. Moreover, D was required by the Vehicle Code to keep her car brakes in good working order. Thus, D duty to keep her brakes in good working order was non delegable to Evanchik.
 

C: reversed
 

Co: repairer is certainly independent contractor.

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