Iv is the defendant an independent contractor 1 did

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iv.Is the defendant an independent contractor?1.Did the employer direct the means, method, and details of service performed? If so, is liable for the contractor’s actiona.YES – Charles v Bartlett: Crane operator at a construction companyb.YES – Sanford v Goodridge: Route driver for newspaper company2.Is the service performed on the employer’s premises?3.Is the contractor a doctor? Some states allow recovery against hospital for ostensible or apparent agencye.Is there a defense of frolic or detour?i.NO – Riley v Standard Oil: no hard and fast rules, defendant drove 4 blocks out of his way on a personal errand, did not remove him from employmentii.JURY QUESTION – Broadway v Kelly Bros: employee killed a boy while driving employer’s truck to church, from which he planned to visit a job siteiii.YES – Kephart v Genuity: no employer liability for road rage which forced plaintiff’s caroff the road. COURT: although headed to the airport for a business trip, but was travelling at least 5 hours earlier than neededf.Negligent Hiring?
g.Can employer indemnify employee?
MEDICAL MALPRACTICE– Custom is dispositive28. INFORMEDCONSENT: Did the defendant disclose the costs/benefits of the treatment, alternative treatments or no action at all?a.Is there causation between the lack of disclosure and the harm? Would plaintiff have chosen a different option with full disclosure?Canterbury v Spencei.YES – Canterbury v Spence: Plaintiff consulted a doctor, with severe back pain. Defendant told Plaintiff that he needed to undergo a laminectomy to correct a ruptured disc. Defendant did not tell Plaintiff the details of the proposed operation nor did Plaintiffinquire about them. Defendant told Plaintiff’s mom that the operation was a serious one, but not any more serious than any other operation. Defendant performed the operation and discovered Plaintiff’s swollen spinal cord to be in very poor condition. Defendant didwhat he could to relieve the pressure and left Plaintiff in bed to recuperate. Plaintiff was recuperating, when he slipped off the side of the bed and suffered near-complete paralysis.

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