· 4/25/2002
Limestone Products Distribution, Inc. v. McNamara
Citations
- 71 S.W.3d 308
- 2002 WL 220574
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 driver who had worked for the same entity for more than three years was an independent contractor
- holding that a driver was an independent contractor when he was free to drive any route he wished, did not work regular hours, supplied his own truck, and paid for his truck's gasoline, repairs, and insurance
- holding that where evidence establishes that employer “merely controlled the end sought to be accomplished” and the worker “controlled the means and details of accomplishing the work,” the worker was an independent contractor
- finding that a worker’s ability to set his own hours supports a finding that the worker was an independent contractor
- finding that the essential factor in determining whether one is an employee, as opposed to an independent contractor, is whether the employer has a right to control
- concluding driver was independent contractor; although limestone distributor dictated where to pick up and drop off loads, driver “had broad discretion in how to do everything else”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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