JOE PATTON ROGERS, ET AL.
BRADLEY DEAN HADJU, ET AL. 
Session February 15, 2017
from the Circuit Court for Dyer County No. 2014-CV-101
William B. Acree, Senior Judge
filed this lawsuit against Appellees for damages resulting
from the alleged negligence of Appellees' subcontractor.
The trial court granted summary judgment in favor of
Appellees, ruling that they could not be vicariously liable
for the subcontractor's negligence because the
uncontroverted facts conclusively established that the
subcontractor was an independent contractor. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed and
Christi L. Dalton and Jack D. Lowery, Lafayette, Tennessee,
and Christopher Beauchamp, Lebanon, Tennessee, for the
appellants, Joe Patton Rogers and Judy Rogers.
E. Shelby, Brandon J. Stout, and Addie M. Wilson, Jackson,
Tennessee, for the appellees, Kerr Brothers & Associates,
Inc. and Traf-Mark Industries, LLC.
Matthew W. Willis and Lacee North Hudspeth, Dyersburg,
Tennessee, for the appellee, Ford Construction Company.
B. Goldin, J., delivered the opinion of the court, in which
D. Michael Swiney, C.J., and J. Steven Stafford, P.J., W.S.,
B. GOLDIN, JUDGE
and Procedural History
Construction Company ("Ford Construction") entered
into a contract with the Tennessee Department of
Transportation to perform construction on U.S. Highway 412 in
Dyer County, Tennessee. Ford Construction entered into a
subcontract with Traf-Mark Industries, LLC
("Traf-Mark") for a portion of the work. Traf-Mark
then entered into a subcontract with Kerr Brothers and
Associates, Inc. ("Kerr Brothers"). Kerr Brothers
then entered into a subcontract with Randy Hodges d/b/a RDH
Contracting ("RDH Contracting").
December 19, 2013, employees of Ford Construction and RDH
Contracting were working in a cordoned off portion of the
construction site when an employee of Ford Construction, Joe
Rogers, while attempting to cross a section of the highway to
reach his work site, was struck by a truck that was owned by
RDH Contracting and being backed up by one of its employees,
Bradley Hajdu. The accident caused Mr. Rogers to suffer
permanent debilitating injuries.
December 16, 2014, Mr. Rogers and his wife, Judy Rogers
(together, "Appellants"), filed a complaint against
Traf-Mark, Kerr Brothers, RDH Contracting, and Mr. Hajdu in
the Dyer County Circuit Court. The complaint alleged that Mr.
Hajdu was operating the truck negligently when it hit and ran
over Mr. Rogers. The complaint further alleged that
Traf-Mark, Kerr Brothers, and RDH Contracting were
vicariously liable for Mr. Hajdu's negligence because he
was acting in the scope of his employment with them at the
time of the incident. In May 2014, the trial court entered a