Funari v. Valentino

Opinion by

Mb. Justice Cohen,

The defendant, Frank Valentino, is the owner of Valentino’s Dairy. Plaintiff, Funari, was on numerous occasions called upon to do odd jobs at the dairy for which he was compensated. His exact status, employee, casual employee, or independent contractor, is a matter of contention.

Funari was asked whether he would unplug a clogged sewer at the dairy. He could not take on the work but suggested Joseph Fullwood could handle the job (upon which he would advise). Fullwood worked on the sewer but was unable to clear it with acid or with Funari’s torch. Fullwood then used…