After suffering an injury during a photo shoot, John Goodwin sued Outdoor Life Magazine, Comcast Corporation, and, Susan Heller -- the photo director.
When the New York County Supreme Court denied Comcast's and Outdoor Life's motion to dismiss the case against them (because Heller was actively directing Goodwin's movements during the shoot), the corporate defendants appealed to the Appellate Division, First Department, which reversed and dismissed Goodwin's case against those parties.
Since Goodwin was an independent contractor, the corporate defendants weren't liable for Heller's acts. As the AD1 observed, the "mere retention of general supervisory powers over an independent contractor cannot form a basis for the imposition of liability against the principal."
Now that's a wrap!
To download a copy of the Appellate Division's decision, please use this link: Goodwin v. Comcast Corp.