DEITRICH v BINGHAMTON LLC

Holding The court held that the transportation of an oversized load is not an inherently dangerous activity that triggers vicarious liability for an independent contractor’s negligence. Because the plaintiff’s injuries resulted from ordinary negligence, such as failing to observe surroundings, rather than a special danger inherent to the work, the defendant was not liable.

The court’s words

the trucking of the oversized load in question was an inherently dangerous activity because there was not a significant risk of harm if reasonable care were exercised

252 AD3d 43, at the official text

the activity of transporting [oversized loads on public highways]—successfully accomplished countless times daily—does not involve that sort of inherent risk for the nonnegligent driver

252 AD3d 43, at the official text

the claim of negligence raised herein was not unique to the work being performed

252 AD3d 43, at the official text

the proof submitted by ACS made a prima facie showing that the trucking of the load in question was not inherently dangerous

252 AD3d 43, at the official text