Studebaker V. Nettie's Flower Garden, Inc

se 43 Racquel Campbell Employment Law Summer 2012 tapship 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 ferrys van. Studebaker brought suit against Netties on a Respondeat Superior opening claim that Netties was conceivable for the mishap thier employee caused. The judgment terminate 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 employ his experience van. Also claiming that ferrying was on his personal time when the accident happen because it happened after he left a pawnbrokers betray before is good afternoon run. The court denied Netties appeal because take was what the court considered employed by Netties because he was required to follow authentic standards and Netties gave him the li st of deliveries he had to do. Also the accident happened while ferryboat was in thoroughfare to the keep going for his afternoon run. The fact that he was  leaving the pawnshop was irrelevant because he was on his direction to Netties to do his routine duties.

Since Ferry was considered employed and in path mien to Netties the court denied the appeal concluding that Netties either controlled or had the counterbalance to control the carriage in which Ferry Performed the duties for which he was employed. 1. Netties had the righteousness to control Ferry at the time of the collision because Ferry was performing in the scope of his employment. Ferry was downtown tight-fitting the pawnshop 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 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 all-embracing essay, order it on our website: OrderEssay.net

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