Legal Opinion
Gibbs v. Miller Et Ux.
Indiana Court of Appeals
Decided June 12, 1972No. 1171A244PublishedCited by 47 opinions
1Opinion of the CourtHoffman, C.J.
The primary issue presented by this appeal is whether the negligence of Aubrey Gibbs may be imputed to Sears, Roebuck and Company (Sears) under the theory of respondeat superior.
The facts viewed most favorably to appellees may be summarized as follows:
Aubrey Gibbs was employed by Sears as a “commission” salesman in their floor covering department. He was paid a commission on the sales made by him and accepted by Sears. In addition thereto, he received a draw of $100 per week and nine cents per mile as reimbursement for mileage in making calls on prospective customers. He also received fringe…
2Cases cited18 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Lamar v. StateIndiana Supreme Court · 1972
- Lazarus v. SchererIndiana Court of Appeals · 1931
- New York Central Railroad v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1966
- Biel, Inc. v. KirschIndiana Supreme Court · 1959
13 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Hale v. Peabody Coal CompanyIndiana Court of Appeals · 1976
- Luth v. Rogers and Babler Construction CompanyAlaska Supreme Court · 1973
- Gail D. Konradi, Personal Representative of the Estate of Glenn J. Konradi v. United States of America and Robert E. FarringerCourt of Appeals for the Seventh Circuit · 1990
- Cummings v. Hoosier Marine Properties, Inc.Indiana Court of Appeals · 1977
42 more not listed; retrieve them via the Exa API.