Throop v. F.E. Young & Company

382 P.2d 560 (1963)

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Throop v. F.E. Young & Company

Arizona Supreme Court
382 P.2d 560 (1963)

Facts

While driving along a highway, Peter Hennen, a salesman for F.E. Young & Company (Young) (defendant), swerved into an oncoming lane. Hennen’s vehicle struck a car driven by Vernon Throop in a head-on collision. Both men were killed in the accident. Marie Throop (plaintiff), Vernon’s wife, filed a wrongful-death action against Young and Robert Stauffer, the administrator of Hennen’s estate (defendant). Throop alleged that Young, as Hennen’s employer, was equally responsible for Hennen’s negligent conduct. At trial, the evidence showed that Hennen was given great discretionary authority over important details regarding his work. Hennen had no in-office duties, controlled all the details regarding his sales trips, and only visited the Young office a few times annually. At the close of the evidence, Hennen and Young each moved for a directed verdict. The trial court granted a directed verdict in favor of Young but denied Hennen’s motion. The jury held for Throop and awarded damages in the amount of $50,400. Throop appealed the trial court’s directed verdict in favor of Young. Stauffer appealed the jury’s verdict.

Rule of Law

Issue

Holding and Reasoning (McCarthy, J.)

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