Studebaker v. Nettie's Flower Garden, Inc.

Plaintiff Judith Studebaker was injured in a car wreck with James Ferry, an employee of defendant Nettie's Flower Garden, Inc. Ferry was responsible for the accident, and Studebaker sought to recover from Nettie's for the injury under the theory of respondeat superior. Ferry was a flower delivery man for defendant. Ferry was paid per delivery, not on an hourly basis, and was responsible for establishing his own delivery schedule. Ferry used his own van for the deliveries, but Nettie had requirements for the van. Ferry did not wear a uniform, but was required to dress neatly and expected to behave in a business-appropriate manner. Ferry was responsible for his own expenses. Ferry had finished his morning deliveries and then went to a pawn shop to conduct some personal business. On the way to Nettie's shop, Ferry had an accident and hit Studebaker's automobile. Studebaker...
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