Attorneys' obtained motion for summary judgment
Attorneys' obtained motion for summary judgment. The case involved an automobile accident where the plaintiff allegedly suffered serious injuries and multiple herniations and radiculopathy as a result of being rear-ended by another driver. She had stopped to buy a newspaper and the plaintiff alleged that the newspaper salesperson was distracting, but also was one of the causes of the accident. After extensive discovery, The newpaper provider was able to establish that the newspaper salesperson was not an employee, but an independent contractor. An independent contractor was sued separately by the plaintiff and in a trial absentia, received a large sum. Following the newspaper's bankruptcy, the newspaper sought summary judgment on two issues - vicarious liability, i.e. that the newspaper salesperson was an independent contractor, and that there was no agency implied in fact or ostensible agency. In addition, the activities of the selling of the newspaper was not a proximate or legal cause of the accident. The plaintiff filed extensive responses with expert reports but to no avail. The judge agreed with the defendant's position and granted summary judgment.