Studebaker V. Nettie’s Flower Garden, Inc.

Week 4 Case Study: Studebaker v. Nettie’s Flower Garden, Inc.

Azizi Wilborn

HRMG 5700 – Employment Law

Webster University

Dr. Myrna Galligano-Kozlowski

September 15, 2013

Week 4 Case Study: Studebaker v. Nettie’s Flower Garden, Inc.

In Studebaker V. Nettie's Flower Garden, Inc., Judith Studebaker was injured in a car accident cause by James Ferry's van. Studebaker brought suit against Nettie's on a respondeat superior theory claim that Nettie’s was liable for the accident their employee caused. The judgment ended up being in favor of Studebaker and she was rewarded $125,000. Nettie's appealed the judgment claiming that Ferry was not an employee but 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 Nettie’s appeal because Ferry was what the court considered employed by Nettie’s because he was required to follow certain standards and Nettie's gave him the list of deliveries he had to do. Also the accident happened while Ferry was in route to the shop for his afternoon run. The fact that he was leaving the pawnshop was irrelevant because he was on his way to Nettie’s to do his daily duties. Since Ferry was considered employed and in route to Nettie’s the court denied the appeal concluding that Nettie's either controlled or had the right to control the manner in which Ferry Performed the duties for which he was employed.

Answer 1: 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).

Answer 2: Ferry's detour prior to the accident does not mean he was using the van...