Winford v. Hawissee Apartment Complex

BROOKS McLEMORE, Special Judge.

In this negligence action where master and servant is alleged, the determinative question is whether the alleged defendant-master must plead affirmatively in his answer that the alleged employees are independent contractors when he knows that to be the case at the time of answering.

The material facts are not disputed.

On April 20, 1988, plaintiff filed a complaint alleging that on August 17, 1987 she was injured on the premises of defendant. In paragraph II of her complaint the plaintiff alleged “As Plaintiff exited the apartment and was walking down the stairs,…