O'Brien v. Hafer

A master-servant relationship under agency principles may arise when one engages another to perform a task for the former’s benefit.1 In such a case, the one who seeks the benefit may either control or have the right to control the performance of the benefit.2 “ ‘It is the existence of the right of control, not its exercise, that is decisive.’ ”3 The question of agency is generally a question of fact to be decided by a jury.4 Here, a jury could find that Robert Hafer, the driver of the car who struck and injured Sharon O’Brien and Christian Pointer (O’Brien), was the agent of Breanne Miller,…