Studebaker V. Nettie's Flower Garden, Inc

se 43 Racquel Campbell Employment Law Summer 2012 occurrence 4: Studebaker V. Netties elevation Garden, Inc In Studebaker V. Netties Flower Garden, Inc Judith Studebaker was injured in a cable car misadventure cause by James ferryboats van. Studebaker brought suit against Netties on a Respondeat Superior system claim that Netties was conceivable for the casualty thier employee caused. The judgment stop up being in favor of Studebaker and she was rewarded $125,000. Netties wooed the judgment claiming that ferryboat was non a employee tho an independent contractor that did runs for the stores using his make van. Also claiming that ferryboat was on his personal time when the accident happen because it happened after he left a pawnbrokers unwrap before is good afternoon run. The royal court denied Netties appeal because convey was what the court considered employed by Netties because he was required to follow trusted standards and Netties gave him the l ist of deliveries he had to do. Also the accident happened while ferry was in thoroughfare to the grass over for his afternoon run. The fact that he was  leaving the pawnshop was irrelevant because he was on his itinerary to Netties to do his routine duties.

Since Ferry was considered employed and in passage to Netties the court denied the appeal concluding that Netties either controlled or had the correctly to control the carriage in which Ferry Performed the duties for which he was employed. 1. Netties had the adjust to control Ferry at the time of the collision because Ferry was performing in the scope of his employment. Ferr y was downtown to the highest degree the pa! wnshop 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 steering tot he other shop to do his afternoon runs the accident would wipe out never happened. 2. The fact that Ferry was leaving the pawnshop does not mean that he was using his van exclusively for his independent...If you insufficiency to get a broad(a) essay, order it on our website: BestEssayCheap.com

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