Studebaker v. Nettitie's Flower Garden Inc.
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Brief Summary of case (One paragraph)
Case Questions:
1. Did Nettie's control or have the right to control Ferry at the time of the collision?
2. Is not the fact that Ferry, just prior to the accident, had gone to a pawn shop compelling evidence that he was using his van exclusively for his independent purposes and was not acting within the course of his employer's business?
3. Give your opinion on the ethics of businesses converting employees to independent contractors to reduce or elimate costs such as health, and retirement benefits, vacations, overtime, etc.
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Solution Summary
The expert examines Studebaker versus Nettitie's Flower Garden Inc.
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1. Did Nettie's control or have the right to control Ferry at the time of the collision?
Nettie's didn't technically control Ferry in the sense of having any tenable control over Ferry's movements but Ferry was operating for Nettie's business at the time of the collision and to further the business interests of Nettie. Therefore, Ferry was under the control of Nettie in regard to operational duties and employment.
2. Is not the fact that Ferry, just prior to the accident, had gone to a pawn shop compelling evidence that he was using his van exclusively for his ...
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