King v. Lens Creek Ltd. Partnership

RECHT, Judge: 1

In this case we are presented with two certified questions from the Circuit Court of Boone County regarding the liability of a principal, who retains an independent contractor who lacks adequate liability insurance and injures a third party through the negligent operation of an empty logging truck.

From this factual construct evolves the following certified questions and circuit court’s answers:

1. Whether in a commercial transaction an independent contractor who lacks adequate liability insurance or financial resources to respond in damages is incompetent per se such that…