Marcoux v. Circle K Stores, Inc.

Lillian and Gerorge Marcoux appeal a final summary judgment entered against them on their claim against appellant, The Miami Herald Publishing Company. The lawsuit arose out of Mrs. Marcoux tripping over newspapers left in the aisle of a Circle K store by a delivery person, Max Creve-Cour. The issue in the summary judgment was whether Creve-Cour was an independent contractor of the Miami Herald, as opposed to an employee. We affirm on the authority of Keith v. News & Sun Sentinel Co., 667 So.2d 167 (Fla.1995), Miami Herald Publishing Co. v. Kendall, 88 So.2d 276 (Fla.1956), and Florida…