Owen v. Tennessee Valley Printing Co., Inc.

Court of Civil Appeals of Alabama

Morgan County | 168 So. 3d 1221 | Aug. 8, 2014


The Alabama Court of Civil Appeals determined the status of a newspaper delivery person as an independent contractor.

In this case, Dolores Owen, the personal representative of the estate of Patricia Owen, appeals from a summary judgment favoring Tennessee Valley Printing Company (TVPC). Patricia was struck by Felton Leon Johnson, who was delivering newspapers as an agent for TVPC, resulting in her death. TVPC argued that Leon's wife, Carolyn Johnson, was an independent contractor, not an employee, absolving TVPC of liability.

Owen argued that Johnson was an employee of TVPC, and Leon had been acting as a subagent of Johnson. The court was tasked with determining whether Johnson was an independent contractor or an employee. After a thorough review of the evidence presented, the court concluded that as a matter of law, Johnson was not an employee of TVPC, thus affirming the summary judgment in favor of TVPC.

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