Lazo v. Mak's Trading Co.

Kassal and Rubin, JJ.,

dissent in a memorandum by Rubin, J., as follows: This case presents the novel question of whether an employer who makes absolutely no attempt to explore the background of his agent should thereby be insulated from liability for a battery committed by that agent while performing the service for which he was engaged.

We are asked to accept the proposition that three "itinerant contract laborers”, employed by defendant to unload a truck, are independent contractors, as a matter of law, precluding defendant’s liability for the assault of the truck’s driver committed by one…