Court holds bar owner is not responsible for misdeeds of "independent contractor" bar manager
Dennis Cole was beaten in the basement of the Bada Bing Club and Atlantis Lounge. He was beaten by the manager and three other men. He attempted to sue the bar owner, arguing that the owner should be responsible for the criminal activities of the bar's manager.
Although the owner was described as the "boss" and the "general" and reportedly attended weekly Sunday meetings, he and the manager denied that the owner was involved with the daily activities of the bar and argued that he should not be vicariously responsible for beating the Plaintiff. The Court ruled that summary disposition should be granted to the owner under the "control test" rather than the "economic reality" test, and that Cole hadn't established even a question of fact with regard to whether the bar owner exercised control over the operation of the bar.