M.J.
M.J. Ex Rel. Beebe v. United States
Opinion
Opinion
Smith, J.
Under Alaska state law, an employee’s immunity from tort liability precludes an employer from being held vicariously liable for the employee’s negligence. See City of N. Pole v. Zabek, 934 P.2d 1292, 1300 (Alaska 1997). Vicarious liability claims include those premised on a “nondelegable duty” — the theory that an employer can be held liable for an independent contractor’s negligence if the contractor acted negligently while performing a duty the employer could not delegate. See Ward v. Lutheran Hosps. & Homes Soc’y of Am., Inc., 963 P.2d 1031 , 1034 n. 5 (Alaska 1998). Because Plaintiffs seek to hold the City of Quinhagak vicariously liable on a “non-delegable duty” theory for the negligent conduct of an immune independent contractor, Plaintiffs’ claims against the City fail. We therefore AFFIRM the district court’s grant of summary judgment in the City’s favor.
FACTS & PROCEDURAL HISTORY
I. Background
The tort claims underlying this appeal arise from a four-wheeler accident that occurred in August 2006 in the rural Alaskan city of Quinhagak (the “City”). The City shares approximately the same geographic space and is populated by roughly the same 650 individuals as…