Mavrikidis v. Petullo
New Jersey Supreme Court
707 A.2d 977 (1998)
Karl Pascarello (defendant), owner of an auto service center, hired the Petullo Brothers (defendant) to supply asphalt for a parking-lot renovation. While transporting nearly 11 tons of hot asphalt, Gerald Petullo ran a red light and struck Alice Mavrikidis's (plaintiff) car; the overloaded truck overturned and spilled hot asphalt onto her, causing severe burns. A jury found Petullo negligent and also found Pascarello's business, Clar Pine, 89 percent vicariously liable, reasoning Clar Pine exercised control. Clar Pine appealed, and the appellate division held there was insufficient evidence of vicarious liability. Mavrikidis appealed to the state supreme court.
Whether the general rule that a company is not liable for an independent contractor's negligence applies even when the company exerts control over the equipment used, the manner of the work, or the contractor's employees.