Hunter v. R.G. Watkins and Son
New Hampshire Supreme Court
265 A.2d 15 (1970)
R.G. Watkins and Son, Inc. (Watkins) (defendant) employed Ralph Davis (defendant) as a truck driver. When the truck broke down, Watkins instructed Davis to drive his personal car to a specified repair shop, pick up a replacement part, and then return with that part to the job site. Watkins agreed to pay Davis for the time and mileage he incurred on this errand. In the course of his journey, Davis collided with a car driven by Edgar Hunter (plaintiff). In addition to suing Davis for his injuries, Hunter sued Watkins on the theory that, as Davis’s employer, Watkins could be held vicariously liable for its employee’s negligence. At the trial court’s request, the New Hampshire Supreme Court agreed to reexamine the state’s long-standing so-called independent-contractor exception to the doctrine of respondeat superior.
Rule of Law
Holding and Reasoning (Griffith, J.)
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