Abbott v. the Limited, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a truck driver who delivered goods to a clothing store was not a statutory employee of the store because, even though it was important for the store to receive those goods, the store was in the business of retail sales not transportation
• expressing third test as “has the identical activity previously been performed by the owner’s employees?”
• noting ultimate guidepost is whether the activity “is or is not a part of the general trade, bsiness, or occupation of the owner.” (internal marks omitted)
• finding driver/deliveryman for common carrier was not a statutory employee of retail clothing company because although receiving clothing was an important part of retailer’s business, the transportation of the goods was not a part or process of the business
• employee injured by actions of co-employee conducting employer's business is barred by Workers' Compensation Act from proceeding in tort against co-employee
• employee injured by actions of co-employee conducting employer’s business is barred by Workers’ Compensation Act from proceeding in tort against co-employee

Source: CourtListener parenthetical corpus (CC0).