Collins v. Feldman

KENT E. KAROHL, Judge.

Plaintiff, Oscar Collins, appeals summary judgment for defendant, J & K Delivery, a division of Kesmar, Inc. (J & K). Plaintiff sued Grady Feldman and J & K for personal injury sustained when plaintiff’s automobile was rear-ended by a vehi*719cle driven by Feldman. He alleged Feld-man was making deliveries for defendant, J & K. The trial court found, on summary judgment facts, that Feldman was doing business with J & K as an independent contractor. It concluded that J & K was not liable on the basis of respondeat superior for the negligence of former co-defendant, Feldman.…