(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contractor for negligent hiring of their employer. This court has not recognized (Second) of Torts Section 411 as creating an exception to the general rule that the employer of an independent contractor does not owe a duty of care toward a third party for injury caused by the contractor’s conduct. Even if the court does recognize a duty based on the Restatement, that duty does not allow employees of an independent contractor to sue the entity that retained their employer for negligent hiring. Also, arguing that recognizing a negligent hiring and supervision claim by a subcontractor’s employee against a general contractor is likely to substantially increase both tort and insurance litigation.
