...:53A–7 to –11, from recovering against Devereux on a theory of negligence, plaintiff urges the Court to impose a “non-delegable duty” upon Devereux to protect its residents from the intentional acts..., 997 A.2d 273 (App.Div.2010). It affirmed the trial court's determination that Devereux did not owe Davis a “non-delegable duty,” rejecting plaintiff's contention...caregivers with in loco parentis responsibilities to persons with developmental disabilities, we concur with the Appellate Division's rejection of the “non-delegable duty” asserted by...

...apportionment where a defendant's liability arises from a breach of a non-delegable duty. We hold that CPLR 1602(2)(iv) is not an exception to apportionment under CPLR article 16, but a savings provision that...non-delegable duty. The jury awarded Rangolan damages for past and future pain and suffering, and also awarded damages to Rangolan's wife for loss of services. On the County's..., alter, limit, modify, enlarge, abrogate or restrict * * * any liability arising by reason of a non-delegable duty or by reason of the doctrine of respondeat superior." This is not an exception to the...

...contractor's negligence when the employer of that independent contractor has a non-delegable duty. We conclude that it does. I...relied on the non-delegable duty doctrine under the Restatement (Second) of Torts § 418 (1965). The proposed instruction read...believing that the trial court's decision to grant a new trial deserved deference. Id. at 17. (Noyes, C.J., dissenting). He stated that the failure to instruct the jury on the City's non-delegable duty denied...

...motion for JNOV and that the original judgment entered by the trial court based on the jury's verdict should be reinstated. We entirely agree based on a holding that (1) Ramada had a non-delegable duty to...services based on the non-delegable duty theory. Prosser and Keeton on the Law of Torts § 71, at 511-12 (W. Page Keeton et al. eds., 5th ed. 1984...our opinion that (1) Ramada had a non-delegable duty to the plaintiff, as Ramada's business invitee, to provide the plaintiff with reasonably safe premises, including reasonable protection against third...

...Residential, Inc. (Grayhawk), finding that the City of Scottsdale (Scottsdale) had a non-delegable duty to safely maintain its roadways. For the following reasons, we reverse and remand...that (1) it owed no duty to the Nelsons, and (2) Scottsdale's non-delegable duty to keep the roadway safe made Scottsdale solely responsible for any negligence, even that of an independent contractor.... The Nelsons responded that (1) Grayhawk had a duty to safely improve and maintain the roadway after it dedicated the right-of-way, and (2) Scottsdale's non-delegable duty did not immunize Grayhawk from...

...affirmatively allege that the Town may not seek the protections of CPLR article 16 due to the doctrine of respondeat superior and by reason of its non-delegable duty to safely maintain its roadways, (2...because the Town's liability arose from a breach of a non-delegable duty, it could not invoke limited liability under CPLR article 16. The Appellate Division affirmed and held that CPLR...1602(2)(iv) bars a defendant from seeking apportionment under article 16 where liability is based on a non-delegable duty or respondeat superior ( 272 A.D.2d 975, 976). The Appellate...

.... Concluding, as a matter of law, that the Hospital owed no non-delegable duty to Ms. Torres, the trial court dismissed with prejudice the Estate's second amended complaint against the Hospital. Because..., under the facts and circumstances of this case, we agree that the Hospital did not owe a non-delegable duty to Ms. Torres for the treatment provided to Ms. Torres by the medical providers, we affirm...deleting the vicarious liability count and clarifying the Estate's non-delegable duty theories. At the hearing on this motion, counsel for the Estate conceded that its goal was to obtain a final, appealable...

.... Whether Grzan's complaint was broad enough to encompass a claim that Charter breached a non-delegable duty to care for and protect Grzan from injury...Non-Delegable Duty On March 17, 1994, Grzan filed her complaint. In response to Charter's motion for summary judgment filed on June 25, 1997, Grzan asserted that summary...judgment was improper, in part, because Charter owed her a non-delegable duty under the common carrier exception to respondeat superior liability...

...independent contractor surgeon who has staff privileges at the hospital. First, the Fletchers assert that the trial court erred in refusing to extend to the operating room the "non-delegable duty" vicarious...trial court's rulings on non-delegable duty and apparent authority, but we reverse the rulings on corporate negligence and relaxation of expert disclosure rules...credentialing. The Fletchers filed an opposition to South Peninsula's motion as well as a cross-motion for partial summary judgment on the theory that the hospital had a non-delegable duty to provide...

...-delegable duty has shifted from the general contractor and owner to the subcontractor, making him responsible for many things that he has no control of, such as coordination and overall supervision of the...Labor Law. We agree. Section 200 of the Labor Law merely codified the common-law duty imposed upon an owner or general contractor...precondition to this duty to provide a safe place to work is that the party charged with that responsibility have the authority to control the activity bringing about the injury to enable it to avoid...

...described as the "common carrier" or "non-delegable duty" exception to respondeat superior. The trial court and the Court of Appeals found that neither theory had sufficient merit to escape summary...nature of its business, Heritage assumed a non-delegable duty akin to that imposed on common carriers to care for and protect him, thus subjecting itself to that extraordinary standard of care which...Rabon v. Guardsmark, Inc., 571 F.2d 1277 (4th Cir. 1978), for its discussion of non-delegable duties and the common carrier exception to the doctrine of respondeat superior. The Fourth Circuit quoted extensively from the Restatement (Second) of Agency and Prosser, and the key concepts may be summarized as follows: First, once one has, by contract or otherwise, assumed the duty to...

...that apportionment did not apply both because the case involved an intentional tort (CPLR 1602) and because the County had violated a non-delegable duty (CPLR 1602[iv]). The Appellate Division reversed...apportionment between a negligent and an intentional tortfeasor was appropriate. It also held that the officers were not under a non-delegable duty. Finally, the Appellate Division rejected the trial court's...to "allege and prove [it] by a preponderance of the evidence." Plaintiff did not plead the intentional tort or non-delegable duty exemption and did not move to amend her complaint...

.... We find no merit to plaintiff-appellant's contention that the letting of this contract by the Post Office was a non-delegable duty. Pierce v. United States, D.C...., 142 F. Supp. 721, cited by plaintiff-appellant in support of her theory of non-delegable duty is not...analogous to the case at bar. This case involved the doctrine of non-delegable duty under Tennessee law. As the court said at p. 729...

...to state a legally viable non-delegable duty claim against the hospital, based on the emergency room doctor's alleged negligence, we reverse. By way of background, in December 2000...an actual or apparent agent of the hospital. With regard to the plaintiff's allegation of a non-delegable duty "to supervise" Dr. Friedman...opportunity to amend the complaint to try to assert a viable claim involving a non-delegable duty for Dr. Friedman. The trial court instructed the plaintiff's counsel that the issue was "the non...

...of employment when committing the alleged tort. There is an exception to that rule, however, when, under certain circumstances, the employer has assumed a non-delegable duty of care to the victim...course and scope of his employment for Evansville and that Evansville and EPD are liable to Cox. Cox provided three theories of liability: (1) respondeat superior; (2) non-delegable duty exception to...a motion to strike Cox's theory of liability based on the non-delegable duty exception to respondeat superior. On May 15, 2015, Evansville and EPD filed a motion for summary judgment...

...plaintiffs a non-delegable duty to use its easement so as not to cause them injury and thus defendant was not entitled to raise the independent contractor defense; that the evidence did not show an...independent contractor relationship; and that the evidence did not warrant an instruction on independent, intervening cause. The Court of Civil Appeals disposed of the appeal on the non-delegable duty issue.... Three questions are presented on certiorari: 1) Did AEC owe a non-delegable duty of care to the plaintiffs imposed either by the law of easements or because AEC was engaged in an inherently dangerous...

...vicarious liability. The non-delegable duty doctrine, which places a duty on the landowner or possessor to keep the premises in a reasonably safe condition, involves a form of vicarious liability...because the duty of the property owner to maintain the safety of premises for invitees is non-delegable. See, e.g., Riggione v. Kmart Corp., Superior Court, judicial district of New Haven at New...landowner-possessor Suburban has a non-delegable duty and it may not absolve itself of liability by contracting out the performance of that duty to the apportionment defendant Larsen. The non-delegable duty doctrine...

...non-delegable duty to the original plaintiff. Tommasino argues that, as the owner and party in possession and control of the area where the plaintiff fell, Charles Street has a non-delegable duty of...that a landowner may contract out the performance of his non-delegable duty to an independent contractor, but he cannot contract out of his ultimate legal responsibility for the proper performance of...his duty by the independent contractor; the landowner is always responsible for the proper performance of this non-delegable duty. [T]he non-delegable duty doctrine [involves] a form of vicarious...

...claims. The Court of Appeals reversed, holding that the defendant had a non-delegable contractual duty to perform the roofing services in a careful, skillful, and workmanlike manner. This Court granted...the defendant's application for permission to appeal in order to determine the propriety of the claim under the theory of contract. Because the defendant had an implied non-delegable duty to install...available because damages were not foreseeable. The Court of Appeals reversed, holding as follows: [D]efendant had a non-delegable duty to see that the work he...