Soderback v. Townsend
Oregon Court of Appeals
644 P.2d 640, petition for review denied, 650 P.2d 927 (1982)
- Written by Rich Walter, JD
Facts
Robert Townsend (defendant) injured Donald Soderback (plaintiff) in a car accident. At the time, Townsend was traveling on business for American Quasar Petroleum Company of New Mexico, Inc. (Quasar) (defendant), which, like many other companies, retained Townsend to negotiate oil leases on the company’s behalf. In addition to suing Townsend for his injuries, Soderback sued Quasar on the theory that, as the principal for whom Townsend worked as an agent, Quasar was vicariously liable for Townsend’s tortious driving. The evidence showed that although Townsend described himself to others as working for Quasar, Townsend set his own work schedule, had no quotas, and had a free hand in negotiating leases. Quasar merely specified the geographical areas in which it was interested, placed upper limits on the prices it was willing to pay for its leases, and paid Townsend a daily allowance plus expenses. Quasar placed no restrictions on Townsend’s driving. The trial court entered summary judgment for Quasar. Soderback appealed to the Oregon Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Van Hoomissen, J.)
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