Tortorici v. Sharp Moosop, Inc.

A controlling question involved in this appeal is whether the deceased , was an employee or an independent contractor, and the only correction of the finding which could in any way affect this question is the following, which the defendant seeks to have added to the finding: “The deceased had no regular hours, using his truck on the job as occasion arose.” This clearly suggests that the deceased could work as and when he pleased. The evidence does not fully support that conclusion, and the court did not err in refusing the request for its addition to the finding. Moreover, the finding if…