Pizza K, Inc. v. Santagata

SMITH, Presiding Judge.

This appeal involves the issue of a franchisor’s liability for the alleged negligence of a pizza delivery driver making a delivery on behalf of a franchisee. We conclude that the franchisor did not have sufficient authority to control the time, manner, and method of executing the franchisee’s work, so as to require a finding that the franchisee was an agent or alter ego of the franchisor. We therefore reverse the trial court’s denial of the franchisor’s motion for summary judgment.

Pizza K, Inc. (“Pizza K”) is a business that franchises pizza takeout and delivery…