Pl - Buitrago
Df - Rohr
Chuck Rohr hired by Blockbuster to put up hot air balloon.
He takes it down, drives home, and crashes into causes 1 death and 2
Pl - named Donovan Entertainment as a Df on the theory that Rohr was
acting as Donovans agent at the time of accident.
Trial court granted Donovans motion for summary judgment, because Rohr
was an independent contractor.
and the Restatement of Agency
The principal who retains the independent contractor is not generally
liable for the acts of the independent contractor as they are
with an employee.
The principal that pays the independent contractor would not be liable
for the tortious activities of an independent contractor.
Rule: 10 factor test for deter whether employ or independent
The extent of control which, by agree, the master may
exercise over the details of the work (MOST
The ability of control. Does the principal retain the right to
Whether the one employed is engaged in a distinct occupation or
The kind of occupation, with reference to whether, in this
locality, the work is usually done under the direction of the
employer or by a specialist w/o supervision.
The skill required in the particular occupation
Whether the employer or the workman supplies the
instrumentalities, tools, and the place of work for the person
doing the work
The length of time for which the person is employed
The method of payment, whether it is by time or job
Time would be an hourly wage.
Job paid by the job.
Whether the work is part of regular business of employer
Whether the parties believe they are creating the relation of
master and servant
See if there is an employment contract.
Whether the principal is or is not in business
If the principal is in business, then the person is more likely an
The Pl does not
have to satisfy all the requirements. If reasonable people
disagree then it will go to the jury.
Donovan only told Rohr were the balloons should be displayed.
Rohr was incorporated and had numerous other clients.
Rohr was engaged in an entirely different business that Donovan.
Has the initial burden of demonstrating the nonexistence of any genuine
issue of material fact.
Saves Donovan the expense of going through a trial.