Luedtke v. Arizona Family Restaurants of Tucson, Inc.

FELDMAN, Vice Chief Justice.

This case involves the tort liability of an employer of an independent contractor.

Patricia Dawn Luedtke brought suit for the wrongful death of her six-year-old son, Dwayne, who was killed after patronizing an ice cream truck owned and operated by an independent contractor. The trial court granted the employer’s motion for a directed verdict on the issue of an employer’s independent liability.

On appeal, Luedtke relied on Wilson v. Good Humor Corp., 757 F.2d 1293 (D.C. Cir.1985). Good Humor held that an ice cream company could be independently liable under the…