Legal Opinion
Victor Carrion v. Orbit Messenger, Inc.
New York Court of Appeals
Decided September 14, 1993PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
It is well settled that whether an operator of a delivery vehicle is an agent, potentially rendering the principal liable under the doctrine of respondeat superior, or is an independent contractor, is a question for the trier of fact (see, Johnson v R. T. K. Petroleum Co., 289 NY 101, rearg denied 289 NY 646; Bratt v Midland Asphalt Corp., 8 NY2d 963, 965). Here, plaintiffs’ pleadings allege that the driver of the truck worked exclusively…
2Cases cited2 opinions
- Johnson v. R. T. K. Petroleum Co.New York Court of Appeals · 1942
- Bratt v. Midland Asphalt Corp.New York Court of Appeals · 1960
3Cited by31 opinions
- Rivera v. Fenix Car Service Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Hernandez v. Chefs Diet Delivery, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Lane v. LyonsAppellate Division of the Supreme Court of the State of New York · 2000
- Barak v. ChenAppellate Division of the Supreme Court of the State of New York · 2011
- Anikushina v. MoodieAppellate Division of the Supreme Court of the State of New York · 2009
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