Richardson v. Mehan

Whether a defendant was an independent contractor or an employee is ordinarily a question of fact for the jury, under proper jury instructions. Gillum v. Indus. Comm. (1943), 141 Ohio St. 373; Smith v. Price Bros. Co. (C.A. 6, 1942), 131 F. 2d 750, certiorari denied 318 U. S. 762; 3 Ohio Jurisprudence 3d, Agency, Section 240. It is the duty of the trial court to submit an essential issue to the jury when there is sufficient evidence relating *57to that issue to permit reasonable minds to reach different conclusions on that issue. O’Day v. Webb (1972), 29 Ohio St. 2d 215.

Reasonable minds in this…