Studebaker V. Nettie's Flower Garden Inc.

Studebaker v. Nettie's Flower Garden Inc.

In Studebaker v. Nettie's, Judith was injured in a car accident that was caused by James Ferry who collided his vehicle into hers. Studebaker filed a suit against Nettie's stating that Nettie's was liable for the accident that was caused by the employee. Nettie's first point was denied. Nettie's appealed the decision stating Ferry was not an employee during the time of the accident but an independent contractor that was using his own van as transportation. Nettie's also claimed the accident happened during Ferry personal time after leaving the pawnshop before his afternoon runs (Twomey, 2010) (Twomey, 2010, pp. 603-604).

Nettie's second appeal was denied. The fact Ferry was leaving the pawnshop was irrelevant because he was on his was to do his daily duties. Ferry was considered as an employee at the time of the accident and was on his way to Nettie's. Therefore, Nettie's had control over of the way their employees perform their duties and Ferry was employee there at the time of the accident (Twomey, 2010, pp. 603-604).

1. Did Nettie's control or have the right to control Ferry at the time of the collision?

Ferry was downtown near the pawnshop because he was during his daily run downtown to put up supplies, once leaving the downtown shop he went to the pawnshop. Once leaving other shop, he was in route to the other shop this is where the accident happened. If Ferry was not going to go the other shop, the accident probably would not have happened (Twomey, 2010, p. 604).

2. Is not the fact that Ferry, just prior to the accident, had gone to a pawn shop

compelling evidence that he was using his van exclusively for his independent purposes and was not acting within the course of his employer's business?

Ferry's detour

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