Dietrich v. TRUST COMPANY BANK OF AUGUSTA

Beasley, Judge.

This is an action against the bank for wrongful repossession of plaintiff’s automobile. The bank defended primarily on the basis that Booth, who actually repossessed the automobile, was an independent contractor and not subject to the bank’s control. The bank’s motion for summary judgment predicated on the fact it was not responsible for Booth’s actions was granted and plaintiff appealed.

In determining whether an employer-employee or independent contractor relationship existed, “the test to be applied . . . lies in whether the contract gives, or the employer assumes, the right…