Miami Herald Publishing Company v. Kendall
88 So. 2d 276, 1956 Fla. LEXIS 3788 (1956)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
An individual is an independent contractor, not an employee, when the hiring party controls the result of the work but does not control the physical means and methods by which that result is accomplished, particularly when a contract designates the relationship as such and the individual furnishes their own instrumentalities.
Facts:
- Wayne Molesworth delivered the morning issue of the Miami Herald newspaper using his own motorcycle.
- Molesworth operated under a written contract with The Miami Herald Publishing Company that explicitly designated him as an 'independent contractor'.
- The contract gave the Herald the right to furnish subscriber lists, set the retail price, and terminate the contract for cause, such as accumulating ten customer complaints.
- In practice, the Herald's representative would wake Molesworth if he overslept, fine him for improper deliveries (e.g., a wet paper), and require him to attend weekly promotional meetings.
- The Herald controlled the condition of the final product, requiring papers to be delivered 'unwrinkled' but did not specify the method of transportation or exact delivery route.
- While delivering papers, Molesworth's motorcycle struck and injured Mrs. Mary Kendall.
Procedural Posture:
- Mrs. Mary Kendall filed an action in the trial court against The Miami Herald Publishing Company for injuries caused by its newspaper carrier.
- The issue of the carrier's employment status was submitted to a jury.
- The jury returned a verdict in favor of Mrs. Kendall, finding The Miami Herald liable.
- The Miami Herald Publishing Company, as the appellant, appealed the judgment to the Supreme Court of Florida.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Is a newspaper carrier an employee of a publisher for purposes of vicarious liability when the publisher exercises control over the results of the work, but not the specific physical means of performance, and a contract explicitly designates the carrier as an independent contractor?
Opinions:
Majority - Justice Thomas
No. A newspaper carrier is an independent contractor when the publisher's control is directed at the results of the work, not the means and methods of performance. The court found that although the Miami Herald exercised some supervision, it was aimed at ensuring a satisfactory result—the timely and proper delivery of newspapers. Critically, the publisher did not control the primary means of performance, as Molesworth provided his own vehicle (a motorcycle) and was free to choose his own manner of operating it and following his route. The express terms of the contract designating Molesworth as an independent contractor, combined with the lack of control over the physical method of delivery, outweighed the supervisory actions taken by the publisher to control the quality of the service.
Analysis:
This case reinforces the traditional 'right to control' test as the central element in distinguishing an employee from an independent contractor. It establishes that a company's efforts to ensure quality control over the final product or result do not, by themselves, create an employer-employee relationship. This decision provides legal protection for businesses utilizing independent contractors, clarifying that contractual designations will be upheld so long as the company does not exert control over the actual physical means and methods the contractor uses to perform the work.
Unlock the full brief for Miami Herald Publishing Company v. Kendall