Netties Flower Garden

Nettie’s Flower Garden (Defendant) contracted with Ferry to perform delivery duties for the defendant. The job consisted of picking up flowers from the defendant’s establishment on Grand Avenue, St. Louis, Missouri. The contract Ferry and defendant had agreed upon consisted of the defendant paying Ferry not hourly, however, $2.50-$3.00 per delivery. Ferry was required to use his own vehicle and it required that he have heat and air conditioning to ensure the quality of the flowers.

Ferry’s daily runs consist of two rounds each day.

1. Morning 9:30 am

2. Afternoon 1:30 pm.

Ferry arrived at the shop 8 am – he set up own route based on deliveries in the area.

Nettie required Ferry to stop by shop in downtown St. Louis and St. Louis center before noon each day to pick up items needing to be transported to Grand Avenue shop. After downtown stop, Ferry proceeded to the Grand Avenue shop to begin afternoon run. Nettie’s paid $5/for Grand Avenue stop.

On the day of the incident, Aug. 9 1989, Ferry made morning run and then mid-day stop at the downtown shop at about 11:00 am. Ferry left downtown shop and stopped to conduct a personal errand as he did not have any deliveries before his next shift, Perry stopped in at a pawn shop. Ferry left the pawn shop and was on his way to the Grand Avenue shop at 11:45 to prepare for afternoon run.

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

At the time of the accident, Nettie’s controlled the tort-feasor. The courts have determined that sufficient control had been exercised over Ferry by the employers, including the fact that Nettie’s set standards for Ferry’s conduct and dress while on the job, determined his territory, required his van to have heat and air and paid him to make the stops.

Under the doctrine of respondeat superior, if an employee commits negligent acts or omissions within the scope of his or her employment, the employer is liable for the damages....