Studebaker V. Nettie's Flower Garden, Inc

se 43 Racquel Campbell Employment Law pass 2012 Case 4: Studebaker V. Netties top Garden, Inc In Studebaker V. Netties Flower Garden, Inc Judith Studebaker was injure in a channel car misadventure driving by James ferryboats van. Studebaker brought tally against Netties on a Respondeat superordinate theory claim that Netties was conceivable for the calamity thier employee caused. The design ended up universe in favor of Studebaker and she was rewarded $125,000. Netties wooed the apprehension claiming that ferryboat was non a employee just an independent contractor that did runs for the stores use his own van. Also claiming that ferrying was on his personal metre when the accident happen because it happened aft(prenominal) he left a loan office before is afternoon run. The court denied Netties cost because ferryboat was what the court considered employed by Netties because he was required to see certain standards and Netties gave him the list of deliveries he had to do. Also the accident happened period ferryboat was in course to the shop for his afternoon run. The particular that he was  leaving the pawnbrokers shop was irrelevant because he was on his way to Netties to do his minute duties.

Since Ferry was considered employed and in travel guidebook to Netties the court denied the appeal concluding that Netties either controlled or had the right to control the rigging in which Ferry Performed the duties for which he was employed. 1. Netties had the right to control Ferry at the time of the hit because Ferry was performing in the scope of his employment. Ferry was business district near the pawnbrokers shop because he was doing his daily run to the downtown shop to pick up stuff, once leaving the downtown shop he went to the pawnshop he was in route to the other shop when the accident happened. If he was not on his way tot he other shop to do his afternoon runs the accident would purify out never happened. 2. The concomitant that Ferry was leaving the pawnshop does not mean that he was using his van merely for his independent...If you insufficiency to get a full essay, order it on our website: Orderessay

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