Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Case 233' Simon v. Farm Bureau Insurance Co. Court oprpeals of Louisiana, Third Circuit, i So.3d i, 2020 WL 1041228 (2020). Facts Jeff Doughty worked

image text in transcribed
image text in transcribed
Case 233' Simon v. Farm Bureau Insurance Co. Court oprpeals of Louisiana, Third Circuit, i So.3d i, 2020 WL 1041228 (2020). Facts Jeff Doughty worked for Beta Land Services, Inc. Doughty received two weeks of mandatory training, after which Beta gave him a computer and required him to be at work between 8 am. and 5 pm. every day. His pay was set at a daily rate for ongoing service. Under his employment contract, Beta retained the right to control his schedule and work, and could cancel the contract at any time without liability for breach. Doughty was bringing supplies from a Beta eld ofce in Lutcher, Louisiana, to the company's main ofce in Lafayette when his vehicle rear-ended a vehicle driven by Brock Simon. Simon led a suit in a Louisiana state court against Doughty; his insurer, Farm Bureau Insurance Co.; and Beta. Simon alleged that at the time of the accident Doughty was Beta's agent, on a mission for the company, rendering Beta vicariously liable for its agent's negligence. Beta argued that Doughty was an independent contractor and that he had not been on a company missionhe had been commuting to the Lafayette ofce. The court found that Doughty was an independent contractor and granted Beta's motion for a judgment in its favor. Simon appealed. Issue Was Beta vicariously liable for Doughty's negligence? Decision Yes. Astate intermediate appellate court reversed the trial court's judgment in Beta's favor. The appellate court issued a judgment in Simon's favor, holding Beta liable for Doughty's actions at the time of the accident. Reason The appellate court concluded that Doughty was not an independent contractor. The principal factor determining the status of an employment relationship is control over the work. Control by the employer indicates an employer-employee relationship. Here, Beta retained the right to control Doughty's work. This control was evidenced by his required schedule and payment arrangement, and was expressed in the parties' employment contract by the stipulation that Beta could cancel it at any time without liability. At the time of the accident, Doughty was not acting as an independent contractor but was on a \"mission\" for Beta. The employer had asked him to go to the company's eld ofce in Lutcher before going to the main office in Lafayette. Doughty's direct performance of a duty imposed by his employer brought his actions within the scope of employment. In response to the assertion that Doughty was not on a mission for Beta, but on a commute, the court stated, \"Doughty was not on his way to work. He was already at work, leaving Beta's eld ofce and returning to its main ofce to deposit the extra supplies."

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Tort Law Text Cases And Materials

Authors: Jenny Steele

5th Edition

0198853912, 978-0198853916

More Books

Students also viewed these Law questions