Jenkins v. Gadsden Times Publishing Corp.
521 So.2d 957, 1988 WL 21597, 1988 Ala. LEXIS 118 (1988)
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Rule of Law:
To establish an employer-employee relationship for respondeat superior liability, the alleged employer must retain the right to direct the manner and means by which the work is performed, not merely the result, and a scintilla of evidence supporting this control is sufficient to preclude summary judgment.
Facts:
- The plaintiff's minor son was involved in an automobile accident with Connie Chambers.
- At the time of the accident, Connie Chambers was delivering the Gadsden Times newspaper, produced by the Gadsden Times Publishing Corporation (GTPC).
- The plaintiff sued Chambers and GTPC for damages, alleging Chambers was an employee of GTPC acting within the scope of her duties.
- Chambers stated in an affidavit that GTPC dictated her exact delivery route, specified which mailboxes to stop at, and provided instructions via oral tape recordings.
- Chambers also stated that GTPC identified customers, handled complaints with specific correction instructions, restricted delivery areas, and charged her for insurance selected by GTPC.
- GTPC paid Chambers a set salary of $10 per month for delivering a newspaper supplement, which was a required part of her continued employment.
- GTPC countered that Chambers had a written independent contractor agreement, purchased papers wholesale for retail sale, bore all her own business expenses (including transportation), and received no tax deductions or employee payroll benefits.
- Chambers referred to her supervisor, Marie Moon, as her 'boss lady' and indicated Moon was in 'control' of rural route carriers.
Procedural Posture:
- The plaintiff sued Connie Chambers and Gadsden Times Publishing Corporation (GTPC) in an Alabama trial court for property and punitive damages after an automobile accident involving the plaintiff's minor son.
- The plaintiff alleged that Chambers was an employee of GTPC and was acting within the scope of her duties at the time of the accident.
- GTPC filed a motion for summary judgment, asserting that Chambers was an independent contractor.
- After two hearings, the trial judge granted GTPC’s motion for summary judgment, determining that Chambers was an independent contractor.
- The trial court entered a final judgment as to GTPC pursuant to Rule 54(b), Ala.R.Civ.P.
- The plaintiff (as appellant) appealed the trial court's grant of summary judgment to the Alabama Supreme Court (with GTPC as appellee).
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Issue:
Is there a genuine issue of material fact as to whether a newspaper delivery person is an employee or an independent contractor, for purposes of respondeat superior liability, if there is a scintilla of evidence that the newspaper publisher retains the right to control the manner and means of performance?
Opinions:
Majority - Maddox, Justice
Yes, a scintilla of evidence indicating that GTPC retained the right to control the manner and means of Connie Chambers's work precludes summary judgment on the question of her employment status. The court affirms that summary judgment is improper if there is even a scintilla of evidence to support the non-moving party's position. To establish an employer-employee relationship for respondeat superior liability, the plaintiff must show a master-servant status where the master retains the right to direct not only what shall be done, but how it shall be done. Despite substantial evidence suggesting Chambers was an independent contractor (e.g., a written agreement, purchasing papers wholesale, bearing her own expenses, no tax deductions), the plaintiff presented a 'scintilla of evidence' indicating GTPC exercised detailed control over the manner of Chambers’s work. This evidence included GTPC dictating routes, specifying mailboxes, identifying customers, instructing on complaint resolution, charging for company-selected insurance, paying a required salary for supplements, and providing precise instructions via tape recordings. The court found this sufficient to create a jury question regarding Chambers's employment status, citing Brown v. Commercial Dispatch Publishing Co. The court distinguished Birmingham Post Co. v. Sturgeon as a worker's compensation case decided by the trier of fact, not on summary judgment. Therefore, the trial court’s grant of summary judgment was improper.
Concurring - Almon, Justice
Justice Almon concurred in the result, meaning he agreed with the ultimate decision to reverse and remand but may have differed on some aspects of the reasoning.
Analysis:
This case significantly reinforces Alabama's 'scintilla rule' for summary judgment, demonstrating that even a minimal amount of evidence supporting a factual dispute is sufficient to send a case to trial. It clarifies the application of the 'control test' in distinguishing between an employee and an independent contractor, particularly in the newspaper delivery context. The decision indicates that a written independent contractor agreement is not conclusive if actual practices show the principal exerts significant control over the details of how the work is performed. Future cases will likely scrutinize the operational realities of a work relationship more closely than mere contractual designations when assessing employment status for respondeat superior liability.
