ATLANTA HUB – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) obtained a complete defense victory after securing summary judgment in a high-exposure negligence case targeting a national roadside assistance provider and an affiliated service administrator. The Plaintiff sought $1 million in damages, asserting claims of negligent supervision, training, and hiring following an incident in which a vehicle rolled off a tow truck operated by a contracted third-party towing company.

Overview of the Case

The lawsuit arose after the Plaintiff allegedly sustained injuries while trying to avoid his personal vehicle, which had rolled off a tow truck during a roadside service. The incident involved a regional towing company contracted by the defendant roadside assistance provider. The Plaintiff sought to extend liability to the roadside assistance provider, arguing that it had negligently selected, trained, and supervised the contracted towing company and its driver.

QPWB attorneys Amy Morris and Jason Wright led the defense with a focused strategy that highlighted the contractual separation between the roadside assistance provider and its third-party vendor. By emphasizing the independent contractor relationship and lack of direct operational control, QPWB successfully dismantled the Plaintiff’s attempt to pierce that legal boundary.

Key Difference-Makers

Jason Wright – Partner, Atlanta Hub
Amy Morris – Associate, Atlanta Hub

Claims Made Against Our Client

The Plaintiff alleged that the national roadside assistance provider was vicariously liable for the actions of the third-party towing company involved in the incident. Specifically, the Plaintiff claimed that the company negligently hired, trained, and supervised both the towing provider and its driver. It was further alleged that the company failed to exercise ordinary care in selecting and overseeing its contractors.

Defense Strategy

The QPWB team developed a focused and well-supported defense centered on the principle of independent contractor status. They argued that the roadside assistance provider did not control or supervise the towing company’s daily operations and, therefore, could not be held vicariously liable for its actions.

To reinforce this position, the team conducted a meticulous review of all contractual agreements, internal policies, and deposition transcripts, demonstrating that the towing operator acted independently and outside the scope of any agency relationship. The defense also addressed claims of negligent hiring and supervision by highlighting the company’s standardized contractor vetting procedures and industry-aligned protocols for vendor oversight.

By concentrating the court’s attention on the legal nature of the relationship between the parties, rather than engaging in peripheral factual disputes, the team effectively narrowed the issues and persuaded the court that no triable issue of fact existed. The result was a granted Motion for Summary Judgment, eliminating the client’s exposure in what began as a seven-figure demand.

Impact on Final Outcome

The court granted QPWB’s Motion for Summary Judgment, awarding $0 in damages and ending the case in favor of the defense. This outcome avoided the risks and costs of a jury trial and reinforced the protections afforded to corporations that properly structure independent contractor relationships.

Unique Aspect of This Case

The Plaintiff’s strategy hinged on overcoming the independent contractor defense to impose direct liability on a corporate client. The dismissal underscores the importance of contractual clarity and highlights the legal weight that properly structured vendor relationships can carry in shielding companies from vicarious liability.

Predicting the Future

This win reinforces QPWB’s reputation for effectively defending clients against targeted vicarious liability claims, particularly those involving independent contractors. It highlights the importance of clearly defined business relationships, strategic legal planning, and proactive risk management. This outcome will serve as a strong precedent for future litigation involving service providers and third-party vendors.

Key Actions in This Case

• Emphasized contractual separation and lack of operational control
• Leveraged deposition testimony to establish independent contractor status
• Avoided unnecessary factual disputes by focusing legal arguments on controlling case law
• Delivered a compelling summary judgment motion that led to full dismissal
  

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 49 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.