Hoover v. Sun Oil Company

The Hoovers (plaintiffs) were injured in a fire caused by the negligence of an employee at a service station owned by Sun Oil (defendant) but operated by Barone (defendant) under a lease (with rent tied to gasoline sales volume) and a separate dealer's agreement requiring Barone to buy and sell Sun products under the Sun label without mixing in competitors' products, while a Sun representative made weekly, non-binding advisory visits. Barone set his own hours, bore his own risk of loss, and had sole authority over his own employees; the Hoovers argued Barone acted as Sun's agent, making Sun liable, and Sun moved for summary judgment on the theory that Barone was an independent contractor.