Bakke v. Magi-Touch Carpet One Floor & Home, Inc.
North Dakota Supreme Court
920 N.W.2d 726 (2018)

- Written by Mary Phelan D'Isa, JD
Facts
Shannon Bakke (plaintiff), a homeowner, hired Magi-Touch Carpet One Floor & Home, Inc. (Magi-Touch) (defendant) to install floor tiles, a shower base, and related products in a bathroom in Bakke’s home. Magi-Touch hired VA Solutions, Inc. (VA) to install the shower base and tile. Bakke alleged that the shower was improperly installed and imploded, requiring repairs to the bathroom door and trim, which Magi-Touch refused to pay. Bakke sued Magi-Touch in small claims court. Magi-Touch removed the case to district court and moved for summary judgment, alleging that because it hired VA as an independent contractor, Magi-Touch could not be held liable for VA’s negligence. After the district court awarded Magi-Touch summary judgment, Bakke appealed.
Rule of Law
Issue
Holding and Reasoning (Jensen, J.)
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