Campbell v. HEI Hospitality, LLC

• Decision Date: 20 April 2010
• Citation: 72 A.D.3d 860,898 N.Y.S.2d 864
• Parties: Terry CAMPBELL, appellant, v. HEI HOSPITALITY, LLC, et al., respondents, et al., defendant.
• Court: New York Supreme Court — Appellate Division

898 N.Y.S.2d 864

72 A.D.3d 860

Terry CAMPBELL, appellant,

v.HEI HOSPITALITY, LLC, et al., respondents, et al., defendant.

Supreme Court, Appellate Division, Second Department, New York.

April 20, 2010.

Hill Rivkins & Hayden, LLP, New York, N.Y. (Anthony J. Pruzinsky and Andrew R. Brown of counsel), for appellant.

Melito & Adolfsen, P.C., New York, N.Y. (Steven I. Lewbel and S. Dwight Stephens of counsel), for respondents.

In an action to recover damages for personal injuries, theplaintiff appeals from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered February 13, 2009, as granted that branch of the motion of the defendants HEI Hospitality, LLC, Marriott International, Inc., and Marriott Hunt Valley Inn which was for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is affirmed insofar as appealed from, with costs.

On or about July 16, 2006, the plaintiff was a guest at the Marriott Hunt Valley Inn, a hotel owned and operated by the defendants HEI Hospitality, LLC, Marriott International, Inc., and Marriott Hunt Valley Inn (hereinafter collectively the Hotel defendants). The plaintiff allegedly sustained injuries when, in a corridor of the hotel, he collided with the defendant Max Shemehda, who was carrying three cups of scalding hot coffee, two of which were uncovered, and the coffee spilled on the plaintiff. Shemehda was a lifeguard at the hotel's pool, and he was employed not by the Hotel defendants, but by nonpartyindependent contractor Sunset Pool Management, Inc., which, pursuant to an agreement with the Hotel defendants, managed and supervised operations at the hotel pool. After the plaintiff commenced this action to recover damages for personal injuries and the defendants joined issue, the Hotel defendants moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against them. In the order appealed from, the Supreme Court granted that branch of the motion. We affirm the order insofar as appealed from.

As a general rule, one who hires an independent contractor may not be held liable for the independent contractor's negligent acts ( see Kleeman v. Rheingold, 81 N.Y.2d 270, 273, 598 N.Y.S.2d 149, 614 N.E.2d 712; Sampson v. Contillo, 55 A.D.3d 588, 590, 865 N.Y.S.2d 634; Stagno v. 143-50 Hoover Owners Corp., 48 A.D.3d 548, 549, 853 N.Y.S.2d 85; Sandra M. v. St. Luke's Roosevelt Hosp. Ctr., 33 A.D.3d 875, 877, 823 N.Y.S.2d 463). The Hotel defendants established, prima facie, that Shemehda was an...