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Castellanos v. Tommy John, LLC

Court of Appeals of Utah

321 P.3d 218 (2014)

Relevant factsFree

Tommy John (defendant), a bar owner, hired Thor Staffing as an independent contractor to provide security without giving Thor guidance or training on how to manage it; Castellanos (plaintiff) was physically removed from the bar by Thor's security guards during a fight and sued Tommy John, arguing it was vicariously liable because security work is inherently dangerous. The trial court granted Tommy John summary judgment, and Castellanos appealed.

IssueFree

Whether a business that hires an independent contractor to provide security services can be held vicariously liable for the contractor's conduct under the inherently-dangerous-activity exception.

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