Hess v. Mosqueda
Appellant Austin Stephen Hess subleased a room from Derek Morgan. He was bitten by Morgan's dog. He alleges that respondents Abel and Celia Mosqueda (the Mosquedas), the property owners and Morgan's lessors, are liable under the doctrine of respondeat superior.
Hess's complaint for negligence and strict liability against the Mosquedas was resolved by summary judgment in their favor on the grounds that the Mosquedas had no agency or employment relationship with the dog owner and had no vicarious liability for Hess's injuries.
Court conclude that summary judgment was properly granted because, as we shall explain, simply permitting a lessee to sublease does not thereby make the lessee the agent of the lessor. Accordingly, Court affirm.
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