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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND VALLERIE A. GERMAIN, et al. Plaintiffs, v. WILLIAM NORRIS, JR., et al. Defendants. * * * * * * * *****

Civil No. JFM 07-376

MEMORANDUM OPINION Plaintiffs Vallerie and Emanuel Germain have filed suit against defendants William Norris ("Norris"), Barrett Business Services, Incorporated ("Barrett"), and Mass Electric Construction Company ("Mass Electric"), seeking recompense for losses arising out of an automobile accident that occurred in Baltimore, Maryland on February 21, 2006. In particular, plaintiffs allege that Norris was negligent in the operation of his automobile, and that his negligence caused injuries to plaintiff Vallerie Germain. (Second Am. Compl. Count I.) Plaintiffs further claim that defendants Barrett and Mass Electric are vicariously liable under a theory of respondeat superior. (Id. Count II.) Finally, plaintiffs assert that Emanuel Germain, as Vallerie Germain's spouse, has a derivative claim for loss of consortium. (Id. Count III.) Plaintiffs have filed a motion for partial summary judgment, arguing that there are no genuine issues of material fact with respect to Norris' liability. Defendants Barrett and Mass Electric have filed their own motions for summary judgment, contending that they are not vicariously liable as a matter of law. For the reasons discussed below, plaintiffs' motion is granted, and defendants' motions are denied.

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FACTS The facts relevant to the pending motions are largely undisputed. At the time of the accident, Norris had been employed with Barrett since approximately 2002.1 (Dep. of W. Norris at 12.) Barrett is an employment agency that contracted with Mass Electric to provide "flaggers" at Mass Electric's various job sites.2 (Dep. of J. Gallo at 10.) Norris was one such flagger, and he had been working on Mass Electric projects for approximately a year before the accident. (Dep. of W. Norris at 13.) On the day at issue, Norris had been working at BaltimoreWashington International Airport before his supervisor instructed him to report to a different job site in Baltimore City. (Id. at 15

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