Lazo v. Mak's Trading Co.

I agree with the Court’s holding that defendant cannot be held liable, vicariously or otherwise, for the injuries plaintiff sustained when he was assaulted by a worker whom defendant had engaged. I part company with the majority, however, in its analysis of both the facts and the applicable legal principles. Accordingly, I write separately to explain the basis of my vote to affirm.

Initially, I note my disagreement with the conclusion, critical to the majority’s rationale, that defendant did not exercise any actual or constructive control over "the performance and manner in which the work of…