Fisher v. Townsends, Inc., 695 A.2d 53 (Del. 1997)

Facts

Reid was driving on his way to obtain a work order, under his job with Townsends, when he was in an accident.  Fisher was a passenger in Reid’s vehicle when Reid crashed.

Procedural History

The jury awarded Fisher $7 million against Reid.  Summary judgment was entered in Townsends’ favor.

Issue(s)

Did the trial judge err in granting summary judgment for Townsends?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that if the principal assumes the right to control the time, manner and method of executing the work, an employer/employee agency relationship has been created.  The foregoing evidence created a material dispute of whether Reid was Townsends’ employee.

Judgment/Outcome

The Court reversed the judgment of the trial court.