Selby K. Rushing, Jr. (Rushing), who transported vehicles between car dealerships, incurred injuries during one such journey. He filed a lawsuit seeking workers' compensation benefits from the appellant, Susan Schein Chrysler Dodge, Inc (Schein). The primary question was whether Rushing was an employee or an independent contractor of Schein.
The trial court originally held that Rushing was Schein's employee, but the Court of Civil Appeals of Alabama reversed that decision. The court argued that merely providing the goal and the means (a "chase" car, dealer tag, insurance) doesn't constitute adequate control over the service provider to establish an employer-employee relationship. It was argued that Rushing had considerable discretion and independence making him an independent contractor.
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