AMERICAN ASS'N OF CAB COMPANIES v. Parham

I respectfully dissent from the majority’s affirmance of the judgment entered on the jury’s verdict in Case No. A07A1785 because I believe that there is no evidence that Davis was an agent or employee of the cab companies. Because a reversal of the judgment in the main claim would render the RICO claim moot, I would dismiss the cross-appeal. Accordingly, I also dissent from the majority’s decision to reverse and remand the RICO claim for a new trial.

1. As the majority correctly points out, “the doctrine of respon-deat superior applies only where the principal retains the right to control the…