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Zittrain Torts Playlist Spring 2013

Miami Herald Publishing Co. v. Kendall

Plaintiff was struck by a motorcycle. The operator of the motorcycle (Molesworth) was delivering defendant’s newspaper. It is unclear what the employment status of Molesworth was at the time of the accident. Plaintiff insists that Molesworth was an employee and that defendant was therefore vicariously liable for her injuries. Defendant insists that Molesworth was an independent contractor, relieving the company of vicarious liability. This case demonstrates how courts determine whether a particular actor is an independent contractor or an employee.