Murrell
v. Goertz
Court
of Appeals of
597
P.2d 1223.
Prosser,
pp. 664-665
Facts: Goertz was making
collections for newspaper delivery and had an altercation with the plaintiff,
eventually hitting her. She sued him as
well as the publishing company that published the newspaper. She won against Goertz, but the trial court
gave summary judgment to the publishing company on the basis that Goertz was
employed by an independent contractor, and thus the employer wasn’t
responsible.
Issue:
Rule:
Analysis:
Conclusion: