Supreme Court of South Carolina· 5/20/2002
Nelson v. Yellow Cab Co.
Citations
- 564 S.E.2d 110
- 349 S.C. 589
- 2002 S.C. LEXIS 90
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the method of payment weighed in favor of the alleged employer but declining to view this factor as dispositive of whether the claimant was an employee
- “Whether a worker is an employee or independent contractor is a fact-specific matter resolved by applying certain established principles.”
- \Whether a worker is an employee or independent contractor is a fact-specific matter resolved by applying certain established principles.\
- “Although [the method of payment] weighs in favor [of] Yellow Cab, it had some degree of control over payment inasmuch as it dictated the amounts Nelson could charge fares ----”
- Cab company had the right of control even when the cab driver could work as little as he wanted, drove the cab in any part of the city he chose, and could set his own schedule.
- where one who performs work for another represents the will of that other, not only as to the result, but also as to the means by which the result is accomplished, he is not an independent contractor but an agent
Source: CourtListener parenthetical corpus (CC0).
Judges: Waller, Toal, Moore, Burnett, Pleicones
Read full opinion on CourtListenerCited by
18 cases in this archive cite this case.
- Wilkinson v. Palmetto State Transportation Co.Supreme Court of South Carolina· 2009-05-04· cited 41×
- Brown v. Bi-Lo, Inc.Supreme Court of South Carolina· 2003-06-09· cited 39×
- Porter v. Labor DepotCourt of Appeals of South Carolina· 2007-03-05· cited 24×
- Hernandez-Zuniga v. TickleCourt of Appeals of South Carolina· 2007-06-14· cited 24×
- Edens v. BelliniCourt of Appeals of South Carolina· 2004-06-01· cited 23×
- Peters v. Haymarket Leasing, Inc.Massachusetts Appeals Court· 2005-10-17· cited 19×
- Posey v. Proper Mold & Engineering, Inc.Court of Appeals of South Carolina· 2008-04-29· cited 17×
- Allen v. Greenville Hotel Partners, Inc.D. South Carolina· 2006-01-12· cited 11×
- Fuller v. BlanchardCourt of Appeals of South Carolina· 2004-03-22· cited 9×
- Young ex rel. Estate of Armstrong v. South Carolina Department of Disabilities & Special NeedsSupreme Court of South Carolina· 2007-08-13· cited 7×
- Pikaart v. a & a Taxi, Inc.Supreme Court of South Carolina· 2011-07-11· cited 6×
- Shuler v. Tri-County Electric Co-Op, Inc.Supreme Court of South Carolina· 2009-10-12· cited 5×
- Wilkinson v. Palmetto State Transp. Co.Court of Appeals of South Carolina· 2006-11-20· cited 4×
- Shuler v. Tri-County Electric Co-Op, Inc.Court of Appeals of South Carolina· 2007-06-18· cited 4×
- Paschal v. PriceCourt of Appeals of South Carolina· 2008-11-24· cited 3×
- Fortner v. Thomas M. Evans Construction & Development, LLCCourt of Appeals of South Carolina· 2013-01-16· cited 2×
- M.B. Kahn Construction Co. v. Three Rivers Bank & Trust Co.Supreme Court of South Carolina· 2003-05-19· cited 1×
- Young v. SC DEPT. OF DISABILITIESSupreme Court of South Carolina· 2007-08-13
Cites
28 cases in this archive are cited by this case; the 20 most cited are listed.
- Young v. WarrSupreme Court of South Carolina· 1969-01-22· cited 80×
- Anderson v. Baptist Medical CenterSupreme Court of South Carolina· 2001-01-16· cited 44×
- Naseef v. Cord, Inc.Supreme Court of New Jersey· 1966-12-05· cited 37×
- Tharpe v. G. E. Moore Co.Supreme Court of South Carolina· 1970-05-12· cited 35×
- Purchase Transportation Services v. Estate of WilsonKentucky Supreme Court· 2001-03-22· cited 31×
- Central Management Co. v. Industrial CommissionCourt of Appeals of Arizona· 1989-10-24· cited 30×
- Yellow Cab Cooperative, Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal· 1991-01-16· cited 27×
- South Carolina Workers' Compensation Commission v. Ray Covington Realtors, Inc.Supreme Court of South Carolina· 1995-07-03· cited 25×
- Kilgore Group, Inc. v. South Carolina Employment Security CommissionSupreme Court of South Carolina· 1993-08-23· cited 25×
- La Grande v. B & L SERVICES, INC.District Court of Appeal of Florida· 1983-06-09· cited 24×
- Hanson v. Transportation General, Inc.Supreme Court of Connecticut· 1998-07-28· cited 23×
- Employment Security Commission of Wyoming v. Laramie Cabs, Inc.Wyoming Supreme Court· 1985-05-31· cited 22×
- Dawkins v. JordanSupreme Court of South Carolina· 2000-07-10· cited 20×
- Yellow Cab Co. v. Industrial CommissionAppellate Court of Illinois· 1984-05-02· cited 18×
- Salt Lake Transportation Co. v. Board of Review of the Industrial CommissionUtah Supreme Court· 1956-05-04· cited 16×
- Hemmerling v. Happy Cab Co.Nebraska Supreme Court· 1995-05-05· cited 16×
- Department of Labor & Industries v. Tacoma Yellow Cab Co.Court of Appeals of Washington· 1982-01-18· cited 14×
- Yellow Cab Co. v. Industrial CommissionAppellate Court of Illinois· 1992-11-20· cited 13×
- Nelson v. Yellow Cab Co.Court of Appeals of South Carolina· 2000-10-09· cited 12×
- In re City Cab of Manchester, Inc.Supreme Court of New Hampshire· 1994-12-19· cited 10×
Other cases named Nelson v. Yellow Cab Co.
1 other CourtListener record shares this case name.
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