Employment & Labor Law
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Harper v. Toler
29 Fla. L. Weekly D2370 (Fla. 2nd DCA October 22, 2004)
The appellant was injured when a newspaper carrier - substituting for the regular carrier - hit her with his car while she was walking on the sidewalk. The trial court granted summary judgment holding that the substitute carrier was not an employee of the newspaper as a matter of law. The Second DCA reversed the order of summary judgment and remanded on the issues as follows: (1) The trial court erred in its analysis of whether the substitute carrier was an employee because there was insufficient evidence to determine whether the regular carrier was an employee or an independent contractor, and because of this deficiency, it could not be determined if the newspaper was liable because the substitute carrier was a
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