Question: Judith Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made
Judith Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made his usual runs for the florist for whom he delivered flowers, Nettie's Flower Garden. He had made a slight detour prior to the accident to conduct personal business at a pawnshop and was returning to the flower shop at the time of the accident. Nettie's set standards for Ferry's dress and conduct, determined his territory, and set standards for his van. Studebaker brought an action against Nettie's on a respondeat superior theory on the belief that Ferry was Nettie's employee at the time of the accident. Nettie's defended that Ferry was an independent contractor, not an employee. Decide. [Studebaker v. Nettie's Flower Garden Inc., 842 S.W.2d 227 (Mo. App.)]
Step by Step Solution
3.42 Rating (158 Votes )
There are 3 Steps involved in it
Respondeat superior Judgment for Studebaker Applying a right to control test it is c... View full answer
Get step-by-step solutions from verified subject matter experts
Document Format (1 attachment)
1034-L-B-L-L-E (4490).docx
120 KBs Word File
