Reznor

MEMORANDUM **

OVERVIEW

Gus & Jack’s Tire Shop (“Gus & Jacks”) brought this action against Reznor seeking damages sustained as a result of a fire that occurred on its premises. The fire was allegedly caused by an improperly installed Reznor heater. Gus & Jacks asserted liability based on negligence, agency, and breach of warranty. Reznor moved for and was granted summary judgment on all claims. As the parties are familiar with the facts of this case, we recount them here only as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and AFFIRM the district court.

DISCUSSION

Gus & Jacks raises three issues on appeal: (1) whether a genuine issue of material fact exists regarding the existence of an agency relationship between Reznor and Hill; (2) whether the district court properly concluded as a matter of law that Reznor cannot be held liable for Hill’s actions under the theories of negligent supervision and negligent training; and (3) whether the district court correctly determined that Reznor cannot be held liable under the theory that Hill was an independent contractor engaged in an inherently dangerous activity. We review each claim de novo.…