Court Rulings

Zmuda, J. – Trial court erred in granting summary judgment to general contractor on subcontractor's negligence claim, where there was evidence in the record to demonstrate that the general contractor retained or exercised control over a critical variable in the workplace.

The defendant, Germano DiDonato, appealed the decision pending entry of final judgment in this divorce proceeding. He argued that the trial justice erred in the determination and assignment of marital property and sanctioning him $50,000. Additionally, defendant argued that the trial justice "disfavored" him and erred in crediting $16,000 to plaintiff Donna DiDonato, for funds defendant withdrew from bank accounts while the divorce proceedings were pending. <br><br>The Court ruled that the trial justice did not abuse her discretion distributing marital property and sanctioning defendant. Moreover, the Court concluded that defendant did not properly present an issue for appellate review with respect to his other arguments. Thus, the Court affirmed the decision of the Family Court.<br><br>

On a certified question from the Fourth Circuit, we hold the principal in an independent contractor relationship may be subject to liability for physical harm proximately caused by the principal's own negligence in selecting the independent contractor. The potential liability we recognize today is consistent with fundamental principles of tort law. It is based solely on a principal's own negligence in hiring or selecting an independent contractor. It is not a form of vicarious liability nor is it an exception to the general rule that a principal is not liable for the negligence of an independent contractor.