Kime v. Hobbs

Trucker Yelli, hauling cattle in his own truck-tractor for rancher Hobbs (defendant) on an as-needed basis through a dispatcher, rear-ended a vehicle carrying Kime (plaintiff), seriously injuring her; Yelli chose his own routes and job assignments based on anticipated profit, and Hobbs treated him as an independent contractor for tax purposes without withholding taxes. Kime sued Hobbs on a vicarious-liability theory, and the trial court granted Hobbs summary judgment, finding Yelli was an independent contractor as a matter of law.