Pearson v. McPhillips

James Raulston started a fire while cutting scrap metal on Bernice McPhillips’ property. The fire spread, burning several structures and a variety of equipment on Gabriel Pearson’s property. Pearson filed a complaint against Raulston and McPhillips, alleging that Raulston was acting as an agent, servant, or employee of McPhillips when he started the fire. The district court granted summary judgment to McPhillips, concluding that McPhillips was not vicariously liable for Raulston’s actions. The Supreme Court affirmed, holding that the district court did not err (1) in finding that McPhillips and Raulston were not engaged in a joint venture, and (2) in finding that Raulston’s use of a cutting torch was not an inherently dangerous activity. View "Pearson v. McPhillips" on Justia Law