Racquel Campbell
Employment Law
Summer 2012
Case 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 theory claim that Netties was conceivable for the accident thier employee caused. The judgment ended 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 own van. Also claiming that Ferry was on his personal time when the accident happen because it happened after he left a pawnshop before is afternoon run. The court denied Netties appeal because Ferry was what the court considered employed by Netties because he was required to follow certain standards and Netties gave him the list of deliveries he had to do. Also the accident happened while Ferry was in thoroughfare to the shop for his afternoon run. The fact that he was  leaving the pawnshop was irrelevant because he was on his way to Netties to do his routine duties.
Since Ferry was considered employed and in route to Netties the court denied the appeal concluding that Netties either controlled or had the right to control the carriage in which Ferry Performed the duties for which he was employed.
1. Netties had the right to control Ferry at the time of the collision because Ferry was performing in the scope of his employment. Ferry was downtown near 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 full essay, order it on our website: Ordercustompaper.com
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