Lazo v. Mak’s Trading Co.
New York Court of Appeals
644 N.E.2d 1350 (1994)
- Written by Rich Walter, JD
Facts
Luis Lazo (plaintiff) delivered a shipment of rice to Mak’s Trading Company, Inc. (grocer) (defendant), a grocer. The grocer hired a neighborhood day laborer to unload the rice. The grocer had previously hired the laborer for similar work on a random, as-needed basis, but the laborer came and went as he pleased, never appeared on the grocer’s payroll, and received no employee benefits. The grocer paid no taxes on the laborer’s behalf, and except for telling the laborer where to place the unloaded rice, the grocer exercised no control over the laborer’s performance of his work. The laborer picked a quarrel with Lazo, who suffered injuries in the ensuing fight. Lazo sued the grocer on the theory that the grocer was vicariously liable for the laborer’s tortious conduct. The trial court’s summary judgment for the grocer was affirmed on appeal to an intermediate court. Lazo appealed to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Concurrence (Titone, J.)
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