Savinsky V. Bromley Group

Plaintiff sued The Bromley Group, Ltd. (appellee) for damages for injuries arising out of a confrontation in mid-1983 with defendant Cason, a security guard who was on duty at appellee's apartment complex. Cason was employed by defendant Sierra Security Service. In his complaint, plaintiff alleged that appellee was negligent in its selection and retention of Sierra Security Service and Cason, and that appellee was liable under the doctrine of respondeat superior. Appellee moved for summary judgment on the grounds that it was not negligent and that, because Sierra Security Service was its independent contractor, it was not liable to plaintiff. Appellee's motion was granted. On appeal, plaintiff contends that it was error to grant the motion because genuine issues of material fact exist as to whether appellee (1) is liable under the doctrine of respondeat superior or the law of agency, and (2) was negligent. We affirm the decision of the trial court as to the first issue but reverse on the second issue.