Civil Practice – Appeals – Interlocutory – Res Judicata – Respondeat Superior – Independent Contractors

Cameron Hospitality, Inc. v. Cline Design Associates, PA (Lawyers Weekly No. 12-07-1070, 9 pp.) (Linda Stephens, J.) Appealed from Wake County Superior Court (Howard E. Manning Jr., J.) N.C. App.

Holding: In this case arising out of a construction project dispute, the fact that plaintiff’s claims against the architect and the general contractor were dismissed does not also require the dismissal of plaintiff’s claims against the engineer who was hired by the architect or a subcontractor who was hired by the general contractor.

We dismiss this interlocutory appeal by the engineer and the subcontractor.

It is true that a final adjudication on the merits that an agent bears no liability acts as res judicata to prevent an attempt to pursue derivative claims against the principal. However, in the case before us, the opposite situation is presented: only the architect and the general contractor, the purported principals, have been determined to have no liability. There has been no final adjudication of liability as to the purported agents – the engineer and the subcontractor. The doctrine of respondeat superior does not apply here.

Further, the general rule is that a company is not liable for the torts of an independent contractor committed in the performance of the contracted work. The complaint alleges that the remaining defendants were subcontractors of the architect and general contractor, not the agents of those entities.

Dismissed.