Legal Opinion
Harp v. Malone Freight Lines, Inc.
Missouri Court of Appeals
Decided February 22, 2000No. ED 75799PublishedCited by 5 opinions
1Opinion of the Court
HOFF, Judge.
Malone Freight Lines, Inc. (Malone) appeals from the decision of the Labor and Industrial Relations Commission (Commission) that Carl Harp (Carl) 1 was Malone’s employee under Section 287.020.1 RSMo 1994. 2 We affirm.
Dan Harp (Dan) owns a truck and is in the business of transporting freight on behalf of contract or common carriers. Malone and Dan entered into an Independent Operating Agreement (operating agreement) designating Dan as an independent contractor. As part of the agreement, he contracted the use of his truck and equipment to Malone, an interstate common and contract…
2Cases cited11 opinions
- Maryland Casualty Co. v. General Electric Co.Supreme Court of Missouri · 1967
- Cahall v. CahallMissouri Court of Appeals · 1998
- Ceradsky v. Mid-America Dairymen, Inc.Missouri Court of Appeals · 1979
- Porter v. Erickson Transport Corp.Missouri Court of Appeals · 1993
- Hutchison v. St. Louis AltenheimMissouri Court of Appeals · 1993
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3Cited by5 opinions
- Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
- Clark v. FAG Bearings Corp.Missouri Court of Appeals · 2004
- Nunn v. CC MIDWESTMissouri Court of Appeals · 2004
- Wilmeth v. TMI, INC.Missouri Court of Appeals · 2000
- Owner Operator Independent Drivers Ass'n v. New Prime, Inc.Missouri Court of Appeals · 2004