Murrell v. Goertz
Oklahoma Court of Appeals
597 P.2d 1223 (Okla. App. 1979)
Independent newspaper distributor Westbrook hired Goertz (defendant) as an independent newspaper salesman to deliver papers and collect subscription money for Oklahoma Publishing Company (OPC) (defendant), which had no input into Goertz's hiring and no contact with him afterward. During a monthly collection visit, Goertz and Murrell (plaintiff) got into an argument over screen-door damage that escalated into a physical altercation in which Goertz struck and injured her; Murrell sued both Goertz and OPC, and the trial court granted OPC summary judgment, prompting Murrell's appeal.
Whether a newspaper salesman who has no contact with the publisher and was hired by a third party is an independent contractor.