Studebaker V. Nettie’s Flower Garden, Inc

Studebaker v. Nettie’s Flower Garden, Inc

Elandres Jenkins

Webster University

Summary

This case presents the case of Studebaker v. Nettie’s Flower Garden, Inc, where Judith Studebaker won a judgment against Nettie’s Flower Garden, Inc of $125,000 after she was injured in an auto collision (Twomey, 2010, pg. 586). The other vehicle, driven by James Ferry, collided with Studebaker’s vehicle while he was apparently working for Nettie’s (Twomey, 2010, pg. 586). Ferry delivered flowers for Nettie’s; however, Nettie’s claimed that Ferry was an independent contractor (Twomey, 2010, pg. 586). Ferry was paid by the number of deliveries instead of the hours he worked (Twomey, 2010, pg. 586). He only delivered in the area that was designated as his area (Twomey, 2010, pg. 586). He was paid per delivery, not by the hour (Twomey, 2010, pg. 587). He used his own van for the deliveries, but Nettie’s required that it be heated and air conditioned for the plants (Twomey, 2010, pg. 587). Although he was not required to wear a uniform, he was required to be neat in appearance and conduct himself in a professional manner while working (Twomey, 2010, pg. 587).

On the day of the accident, Ferry was making his mid-day stop (Twomey, 2010, pg. 587). Afterwards, he made a stop at a pawn shop to conduct personal business (Twomey, 2010, pg. 587). After leaving the pawn shop, Ferry was on his way to do his afternoon run, and this is when his van collided with Studebaker’s vehicle (Twomey, 2010, pg. 587). According to the doctrine of respondent superior, an employer is liable for negligent acts of an employee (Twomey, 2010, pg. 588). Nettie’s, however, disagreed (Twomey, 2010, pg. 588). They asserted that he was, at the time of the accident, conducting personal business, and was not using his vehicle for work (Twomey, 2010, pg. 587). Nettie’s also stated that they had no control over Ferry or his vehicle at the time of the accident...