Smith v. Landmark Communications, Inc.

The sole issue in this appeal is whether the trial court erred in ruling that, as a matter of law, Landmark Communications, Inc. (Landmark) cannot be held liable under the doctrine of respondeatsuperior for injuries allegedly caused by John S. Niemeyer, a paper carrier, as he was traveling from his home to pick up his day’s supply of newspapers.

Niemeyer’s duties included picking up newspapers for delivery each day at a location designated by Landmark. After obtaining the newspapers, he delivered them to subscribers on an assigned route. Landmark did not pay Niemeyer for the time he spent…