Johnson & Bell attorneys Edward Hearn and Kyle Farris recently represented a national gig-economy “delivery network company” defendant in a case pending in Marion Superior Court (Indiana) arising from a July 2021 motor vehicle accident involving a delivery driver.
The plaintiff alleged the company was vicariously liable because the driver was acting as the client’s agent/employee at the time of the collision. Separately, the plaintiff sought leave to amend the complaint to add direct negligence claims against the company (negligent selection/brokering). Ed and Kyle moved for summary judgment seeking dismissal of all claims against the client and also moved to strike certain evidence related to the driver’s prior driving and criminal history.
Relying heavily on the Indiana Court of Appeals’ recent decision in Black v. Shaffer (2025), Judge A. Richard Blaiklock held that the driver was an independent contractor as a matter of law, not a company employee. The Independent Contractor Agreement (ICA) was enforceable despite not being countersigned by the client, and the evidence favored finding the driver was an independent contractor as a matter of law.
The court rejected the plaintiff’s arguments that exceptions to the general rule of non-liability for independent contractors applied (including claims that the work would “probably cause injury” or that the company was charged with a specific duty).
The plaintiff’s attempt to add direct negligence claims against the client was denied as untimely and prejudicial, given the long pendency of the case and scheduling order deadlines.
Ed and Kyle prevailed completely on behalf of their client. The court held the company was not vicariously liable because the driver was an independent contractor, rejected attempts to expand the case with new negligence theories, and entered final judgment for the defendant. Congratulations to Ed and Kyle on such a complete and convincing win for their client.
