The Neiman-Marcus Grp. Inc. v. Dufour

The issue in this appeal is whether a department store owner which had hired an independent contractor to renovate its property can be held liable for an injury suffered by a subcontractor installing carpet in the store. Given the particular facts in this case, we hold that the owner can not be held liable because it did not cause the injury and it is not responsible for the acts of an independent contractor. In October 1999, Neiman-Marcus Group, Inc., contracted with Commercial Store, Inc., to renovate several areas of its store at Lenox Square Mall in Atlanta. Commercial Store Fixtures then sub-contracted with Contract Specialists, Inc., which is solely owned by Sidney Dufour, to install carpet in the store. Pursuant to the agreements, Contract Specialists carpeted the lower level of the store and some areas of the third floor without incident.

On the morning of September 26, 2000, Dufour and three of his Contract Specialists employees arrived at the store to continue work on the third floor. Some of the rolls of carpet were so large, weighing as much as 1,000 pounds, that they would not fit on the freight elevator and had to be moved to the third floor on an escalator. Dufour and his employees would place each carpet roll on a dolly —two dollies for some rolls —and then move the load onto the escalator. Two of the men would stand at the front of each carpet roll and the other two would stand at the back of each roll. Once the men and carpet roll were in position, Richard Bickford, a Commercial Store supervisor, used a key to turn on the escalator.