Knoten v. Westbrook

|2I disagree with the majority on the following two points regarding Nurserymen’s alleged master-servant relationship with Ms. Westbrook: (i) its finding that the jury instructions and interrogatories on this issue were erroneous; and (ii) its reversing the jury’s negative finding on this issue. I separately address each of these points below. In all other, respects, I concur in the result reached by the majority.

The jury instructions and interrogatories

The majority finds that the jury instructions and interrogatories on the master-servant relationship between Nurserymen’s and Ms. Westbrook…