The Court finds Myrtle Beach’s ordinance creating an overlay zoning district in the city’s historic downtown area is constitutional.
On a certified question from the Fourth Circuit, we hold the principal in an independent contractor relationship may be subject to liability for physical harm proximately caused by the principal’s own negligence in selecting the independent contractor. The potential liability we recognize today is consistent with fundamental principles of tort law. It is based solely on a principal’s own negligence in hiring or selecting an independent contractor. It is not a form of vicarious liability nor is it an exception to the general rule that a principal is not liable for the negligence of an independent contractor.
This appeal from the denial of a motion to compel arbitration arises from a dispute regarding a uniform rental contract between Hicks Unlimited (Hicks), a South Carolina company, and UniFirst Corporation (UniFirst), a Massachusetts company. The circuit court denied UniFirst’s motion to compel arbitration, and the court of appeals reversed and remanded for arbitration. This Court granted certiorari to review whether the court of appeals erred in finding the Contract involved interstate commerce. We reverse the court of appeals’ opinion remanding for arbitration.
Posted by: Byron King on 11/07/23 (This information is only accurate as of 11/07/23. You must contact SCR for updates and changes to this information after 11/07/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.