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Keywords

contractplaintiffdefendantnegligenceliabilityappealtrialverdictwill

contractlawsuitplaintiffnegligenceliabilityverdictwill

Related Cases

Wilson v. Good Humor Corp., 757 F.2d 1293, 244 U.S.App.D.C. 298, 1 Fed.R.Serv.3d 1104

Facts

Tomikia Wilson, a three-year-old girl, was killed after being struck by a car while attempting to cross a busy street to buy ice cream from a Good Humor truck. The incident occurred on June 29, 1981, when the truck was parked on Benning Road, and the vendor was soliciting customers by ringing bells. Tomikia's mother had left her in the care of relatives, and when the vendor arrived, Tomikia followed her cousins across the street, where she was hit by a car. The parents later filed a wrongful death suit against the driver and Good Humor, alleging negligence.

On June 29, 1981, a Good Humor vendor alleged to be the individual named in this lawsuit parked his Good Humor truck on the 4500 block of Benning Road in the northeast section of Washington—after dark at approximately 9:00 p.m.—and began to solicit customers by ringing the distinctive Good Humor jingle bells.

Issue

The main legal issues were whether the plaintiffs had sufficiently identified the driver of the Good Humor truck involved in the incident and whether Good Humor could be held liable for the actions of its vendor under the independent contractor rule.

The court ruled that the plaintiffs had not adequately identified Williams as the vendor involved in the accident and that the question whether company knew or had special reasons to know that its street vending operation was likely to create, under the particular circumstances, peculiar risk to children absent special precautions was for jury on issue whether company should be held liable for negligence of the driver.

Rule

The general rule in the District of Columbia is that an employer of an independent contractor is not liable for physical harm caused by the acts or omissions of the contractor, but there are exceptions where the employer may be held liable if they knew or had reason to know of peculiar risks associated with the contractor's activities.

The general rule in the District of Columbia is that an employer of an independent contractor is not liable for physical harm caused by the acts or omissions of the contractor.

Analysis

The court applied the independent contractor rule and its exceptions to the facts of the case, determining that the plaintiffs had not provided sufficient evidence to identify the vendor as David A. Williams, the named defendant. However, the court found that there was enough evidence to suggest that Good Humor was aware of the risks associated with its street vending operations, particularly regarding children, and had failed to take necessary precautions to mitigate those risks.

We conclude, however, that the plaintiffs presented sufficient evidence to permit a jury finding of liability on the part of Good Humor.

Conclusion

The Court of Appeals affirmed the directed verdict in favor of the driver, David A. Williams, but reversed the directed verdict for Good Humor, allowing the case to proceed to trial regarding the company's potential liability.

We therefore reverse the district court's directed verdict in favor of Good Humor and remand for further proceedings consistent with this opinion.

Who won?

The prevailing party was the driver, David A. Williams, as the court found insufficient evidence to identify him as the vendor involved in the incident.

We conclude that the directed verdict on the identification issue was proper under the Brady standard.

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