Gulf Refining Co. v. William Wilkinson
114 So. 503 · Supreme Court of Florida · 1927
Facts
A truck driver, Holley, employed by P.W. Weybrecht, was delivering gasoline for Gulf Refining Company when his leaking tank truck ignited near the plaintiff's building, destroying it. The plaintiff sued Gulf Refining and Weybrecht, alleging negligence and seeking to hold Gulf Refining liable for Holley's actions. Gulf Refining denied an agency relationship, asserting Weybrecht and Holley were independent contractors.
Issue
Can Gulf Refining Company be held liable for the negligence of a truck driver, Holley, who was employed and paid by P.W. Weybrecht, a commission merchant selling Gulf's products, when Gulf Refining did not control the means or methods of delivery or Holley's employment?
Holding
No. The court reversed the judgment against Gulf Refining Company, finding that the evidence failed to establish an employer-employee or agency relationship between Gulf Refining and the negligent truck driver, Holley.
Rule
An employer is not liable for the negligence of an independent contractor if the employer merely engages another to do a particular work but retains no right or power to direct or control the manner, means, or method by which the result is to be accomplished. The right of control over the mode of doing the work is the principal consideration in determining if one is an independent contractor or servant.
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