West American Insurance v. Stith

Plaintiff-appellee, Ronald W. Makin ("Makin"), delivered his 1985 Oldsmobile Calais to defendant-appellant, Frazier-Williams Chevrolet-Oldsmobile, Inc ("Frazier-Williams"), for repairs. Without Makin's knowledge or consent, Frazier-Williams hired an independent contractor, defendant, Steven W. Stith ("Stith"), to perform the repairs. On April 6, 1988, Stith picked up Makin's vehicle from Frazier-Williams in order to take it to his body shop. In route, Stith was involved in an accident causing damage to Makin's vehicle in the amount of $7,262.50. Makin's insurer, plaintiff-appellee, West…