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?