The following excerpt is from M.J. v. United States, D.C. No. 4:09-cv-00013-RRB, No. 11-35625 (9th Cir. 2013):
employer from liability for the conduct of its independent contractors, cuts off the employer's vicarious liability for the contractor's torts. See Sievers v. McClure, 746 P.2d 885, 889 n.6 (Alaska 1987). Therefore, if the non-delegable duty doctrine is an exception to the general rule that an employer cannot be held vicariously liable for the torts of his independent contractor, applying the doctrine would permit such vicarious liability to attach. Therefore, we conclude that Plaintiffs have premised their "non-delegable duty" claim against the City on a theory of vicarious liability.
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