Opinion
A23-0481
03-19-2024
Sally Cooper Smith v. Steven C. Piechowski, individually and dba SP Trucking, LLC, Northstar Materials, Inc., dba Knife River Materials
ORDER ON PETITION FOR FURTHER REVIEW;
Issues:
(1) Should this Court formally adopt a claim for negligent selection of an independent contractor as contemplated by Restatement (Second) of Torts § 411, cmts. (a) and (c)?
(2) Did the district court err in granting summary judgment for Knife River on the ground that Cooper Smith's direct liability claims were barred by her “Pierringer release” settlement with SP Trucking?
(3) Did the district court err in granting summary judgment for Knife River on the ground that Cooper Smith could not establish that Knife River's negligence in selecting unsafe motor carrier SP Trucking was a proximate cause of the crash?
(4) Did the district court err in granting summary judgment for Knife River on the ground that the limited indemnity provision in the “Pierringer release” combined with the hiring agreement created a “circuity of obligation”?
Granted/Stayed