Court holds that bar is not responsible for its bouncers because they are "independent contractors."
Allen Oumedian sued the "Stout Irish Bar" after he was allegedly injured by the bar bouncers. The Court held that the Bar was not responsible for the actions of the bouncers, because they did not qualify as "employees." To his credit, Judge Michael Kelly dissented from the decision--despite his shared Irish heritage--pointing out that the bouncers were agents of the bar which retained elements of control over the bouncers performance of their bar-imposed duties. Judge Kelly's opinion pointed out that the agency-responsibility of the Bar was properly a factual question to be decided by jurors and not a matter to be decided on motion for summary disposition.