Stout v. Warren
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Larry Stout was severely injured while being apprehended by a subcontractor of CJ Johnson Bail Bonds. He sued the contractor, the subcontractor, and the owners of CJ Johnson under two theories of vicarious liability. The trial court granted summary judgment in favor of CJ Johnson, holding that vicarious liability did not apply in this case. The Court of Appeals affirmed on different grounds, assuming that vicarious liability applies to the activity but holding that such liability is available only to "innocent[] nonparticipant[s]," not those voluntarily engaging in the dangerous activity with knowledge of the danger. The Supreme Court reversed, finding that fugitive apprehension was an activity that posed a peculiar risk of physical harm, and that defendant could assert a cause of action against CJ Johnson based on the theory of vicarious liability because the narrow exception for employees of independent contractors (in this case, the subcontractor) did not apply.
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