Yelverton Yelverton v. Lammv. Lamm
Yelverton v. Lamm
380 S.E.2d 621,1989. NC App.
Facts Joseph Ronald Lamm was a sales agent for Premier Industrial Corporation. Lamm had an automobile accident, which caused death of Patricia Bandy. The plaintiff, executor of Patricia’s estate, brought a lawsuit against Lamm and the Premier Corporation Lamm was working for, stating that since Lamm was an employee of the Corporation, last one as well was liable for his negligence. Lamm answered that he wasn’t negligent. He was incapable of driving because of a sudden stroke. Also Corporation answered that they were not liable because Lamm was not their employee, and that he was working for them as independent contractor.
The trial court granted Premier Corporation motion for summary judgment, which was appealed by plaintiff in Appellate Court, stating that court’s ruling on settling the case with Lamm didn’t grant the same action for Corporation, and it was still liable for the Lamm’s negligence.
Issue Was Premier Corporation liable for the Lamm’s negligence in causing wrongful death of Patricia Bandy?
Decision The appellate court affirmed the decision of the trial court in the favor of Premier Corporation, that it was not liable for Lamm’s negligence, which caused an accident and death of Patricia Bandy.
Rationale of the court The court affirmed trial court’s decision, pronouncing that plaintiff didn’t provide enough sufficient evidence as to the liability of the Corporation as a matter of law. The fact that Lamm was working as a independent agent for the Corporation didn’t make him to be its employee. As a matter of fact they had “Independent agent agreement”. Also Corporation didn’t monitor his work. Lamm had his own rules and methods as to how he did his job. The only thing that plaintiff was relying on as evidence was that Lamm’s name was on Premier’s insurance policy. But this fact was not sufficient enough to confirm true employer-employee relationship between Lamm and Corporation.
Observations In this
380 S.E.2d 621,1989. NC App.
Facts Joseph Ronald Lamm was a sales agent for Premier Industrial Corporation. Lamm had an automobile accident, which caused death of Patricia Bandy. The plaintiff, executor of Patricia’s estate, brought a lawsuit against Lamm and the Premier Corporation Lamm was working for, stating that since Lamm was an employee of the Corporation, last one as well was liable for his negligence. Lamm answered that he wasn’t negligent. He was incapable of driving because of a sudden stroke. Also Corporation answered that they were not liable because Lamm was not their employee, and that he was working for them as independent contractor.
The trial court granted Premier Corporation motion for summary judgment, which was appealed by plaintiff in Appellate Court, stating that court’s ruling on settling the case with Lamm didn’t grant the same action for Corporation, and it was still liable for the Lamm’s negligence.
Issue Was Premier Corporation liable for the Lamm’s negligence in causing wrongful death of Patricia Bandy?
Decision The appellate court affirmed the decision of the trial court in the favor of Premier Corporation, that it was not liable for Lamm’s negligence, which caused an accident and death of Patricia Bandy.
Rationale of the court The court affirmed trial court’s decision, pronouncing that plaintiff didn’t provide enough sufficient evidence as to the liability of the Corporation as a matter of law. The fact that Lamm was working as a independent agent for the Corporation didn’t make him to be its employee. As a matter of fact they had “Independent agent agreement”. Also Corporation didn’t monitor his work. Lamm had his own rules and methods as to how he did his job. The only thing that plaintiff was relying on as evidence was that Lamm’s name was on Premier’s insurance policy. But this fact was not sufficient enough to confirm true employer-employee relationship between Lamm and Corporation.
Observations In this