Stout v. Warren

¶1 Larry Stout was severely injured during his apprehension by a subcontractor of CJ Johnson Bail

— *267Bonds (C J Johnson) and sued the subcontractor, the contractor, and the owners of C J Johnson. Stout asserts two theories of vicarious liability: (1) the activity is an “abnormally dangerous” one, Restatement (Second) of Torts § 427A (1965), and (2) the activity (a) involves a “special danger” that is “inherent in or normal to the work,” id. § 427, or (b) poses a “peculiar risk of physical harm,” id. § 416. The trial court granted summary judgment to the owners of CJ Johnson, determining that…