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Castellanos v. Tommy John, LLC

Court of Appeals of Utah
321 P.3d 218 (2014)


Facts

Tommy John, LLC (defendant) operated a bar. Tommy John hired Thor Staffing as an independent contractor to provide security at the bar. Tommy John did not provide guidance or training to Thor, and deferred to Thor on how best to manage the bar’s security. Castellanos (plaintiff) got into a fight and was physically removed from the bar by Thor security guards. Castellanos brought suit against Tommy John, alleging that Tommy John was vicariously liable for the conduct of the security guards because their work was inherently dangerous. The trial court granted Tommy John’s motion for summary judgment. Castellanos appealed.

Rule of Law

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Issue

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Holding and Reasoning (McHugh, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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