Saturday, May 17, 2014

Fort Myers Airways v. American States Ins. case breif summary

Fort Myers Airways v. American States Ins. (Fla. App. 1982)
o   Holding
§  Pilot not an agent just b/c he’s in control of the plane
o   The decisive test in determining whether the relationship of principal and agent exists is whether the employer has the right to control and direct the servant in the performance of his work and in the manner in which his work is done.
o   It is the control of the relationship and not of the instrument which determines the relationship between the parties.
o   Moreover, one may be a servant of agent of another even though the employee is so much more skilled in the endeavor that actual assumption of the control would be a “folly.”

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