Pourny v. Maui Police Dept., County of Maui

Post Reply
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Pourny v. Maui Police Dept., County of Maui

Post by David A. Szwak »

Pourny v. Maui Police Dept., County of Maui,
127 F.Supp.2d 1129, D.Hawai'i, August 14, 2000

The Court finds that MCA is not liable via respondeat superior for any actions of Viveiros. It is undisputed that Viveiros was hired as an independent contractor to execute the writ. An employer is generally not liable for damages arising from the negligence or misconduct of an independent contractor. See Fraser v. Morrison, 39 Haw. 370, 1952 WL 7360, at *4 (1952) (holding that creditor was not liable for emotional distress caused by the independent contractor collection agency it hired). The Restatement of Torts offers a similar general rule. “Except as stated in § [§ ] 410-429, the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants.â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
Post Reply

Return to “Vicarious Liability/Respondeat Superior For Violations of the FDCPA”