Meyer v. Piggly Wiggly No. 24, Inc.

MOORE, Justice:

We granted a writ of certiorari in this negligence action to review the Court of Appeals’ decision finding petitioner (Piggly Wiggly) was not respondent Meyer’s statutory employer and therefore was not immune from suit. We affirm.

FACTS

Meyer was employed as a route salesman for Derst Baking Company (Vendor). He delivered cake products for Vendor to various retail stores, including Piggly Wiggly, for a guaranteed salary plus an 8% commission on all products delivered. Meyer ordered products from a master inventory list that indicated the products authorized by Piggly Wiggly and…