Bacoka

BACKGROUND

Plaintiffs sued Best Buy, alleging several theories of negligence. The complaint alleged that plaintiffs own an apartment complex in San Pedro, California, and that plaintiffs’ tenant purchased a Samsung washing machine from Best Buy. The washing machine was negligently installed by Best Buy, causing a water leak which resulted in significant damage to plaintiffs’ property, rendering several units uninhabitable. Plaintiffs’ theory of causation was that the hot water supply hose was negligently threaded onto the machine, causing the leak. Best Buy moved for summary judgment, arguing the washing machine was installed by an independent contractor and not by Best Buy, and that it was therefore not responsible for the damage to plaintiffs’ property. Best Buy offered evidence that its subsidiary, Best Buy Warehouse Logistics, Inc., had a contract with Penn Ridge Transportation, Inc. (the Master Services Agreement). Under that agreement, Penn Ridge “shall provide services . . . as a duly licensed broker of property by the U.S. Federal Motor Carrier Safety Administration . . . , not as a motor carrier, and, as such, is engaged in the business of arranging for transportation of…