Olmstead v. Shakespeare

Chief Justice TOAL:

Petitioner, Shakespeare, appeals from the Court of Appeals’ decision finding that Respondent, Charles Olmstead (“Olmstead”), is not Shakespeare’s statutory employee.

Factual/Procedural Background

Olmstead owned and operated a truck and trailer that he leased to his employer, Hot Shot Express (“Hot Shot”). Hot Shot dispatched Olmstead to various places to pick up and deliver goods and materials. Hot Shot paid Olmstead after he completed delivery based on the number of miles he had driven.

Hot Shot sent Olmstead to pick up a load of fiberglass utility poles from Shakespeare’s…