Attorneys obtained summary judgment on behalf of a fuel oil distributor that retained an independent contractor to transport gasoline to retail service stations

Attorneys obtained summary judgment on behalf of a fuel oil distributor that retained an independent contractor to transport gasoline to retail service stations. The driver for the independent contractor trucking company blacked out while driving his tanker trailer on the highway, and his truck rear ended several vehicles, causing significant injuries. The court agreed with the defense that, under state law, a party is not liable for the negligence of its independent contractors. The court also agreed that defendant did not control the manner and means of the independent contractor's activities, and defendant did not retain an incompetent contractor.