Weinfeld v. HR Photography, Inc.
The plaintiff, injured at a wedding by a videographer (Vladimir Kataiev) hired by HR Photography, Inc. (HR), sued HR for vicarious liability and negligent hiring, retention, and supervision. HR moved for summary judgment, arguing Kataiev was an independent contractor. The Supreme Court granted HR's motion, finding Kataiev an independent contractor and no evidence of HR's negligence. This appellate court affirmed the Supreme Court's decision, concluding that HR successfully demonstrated Kataiev's independent contractor status based on factors like using his own equipment, receiving cash payments without benefits, and HR exercising only minimal control. The court also found no evidence that HR knew of Kataiev's propensity for the conduct that caused the injury.