Buitrago v. Rohr - 672 So. 2d 646 (Fla. Dist. Ct. App. 1996)

Rule:

The 10 factor test for determining whether a party is an independent contractor or employee includes: (a) the extent of control which, by agreement, the master may exercise over the details of the work; (b) whether the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) whether the employer or workman supplies the instrumentalities, tools, and the place of work for the person doing the work; (f) the length of time the person is employed; (g) the method of payment, whether by the time or by the job; (h) whether the work is part of the regular business of the employer; (i) whether the parties believe they are creating the relation of master and servant; and (j) whether the principal is or is not in business. The first factor, the extent of control over details of work, is the most significant. 

Facts:

Appellee driver, Chuck Rohr, caused death and two severe injuries in an automobile accident. He owned Canary Enterprises, Inc. which was in the business of using hot air and cold air balloons to advertise other people's businesses. After he installed some hot air balloons for some clients, he drove back to his motel. As he was turning into the parking lot, he pulled into the path of an oncoming vehicle, causing an accident that resulted in death and injuries to various parties. In this suit, plaintiffs named Donovan Entertainment as a defendant on the theory that Rohr was acting as Donovan's agent at the time of the accident. The trial court granted Donovan's motion for summary judgment because Rohr was an independent contractor, and plaintiffs appeal.

Issue:

Was Rohr an employee of Donovan Entertainment, thus, the grant of summary judgment in favor of the latter was improper?

Answer:

No

Conclusion:

The court affirmed the grant of summary judgment for Donovan Entertainment in appellants' suit for damages based on the theory that Rohr was acting as an agent at the time of the accident. Under the 10-part test for an independent contractor, the trial court correctly concluded that Rohr was not an employee of Donovan Entertainment. Thus, the grant of summary judgment for Donovan Entertainment on that basis was correct, and it left the remaining parties remaining with a more accurate picture of financial responsibility that could facilitate a settlement.