Santiago v. Phoenix Newspapers, Inc.

Frank Frausto (defendant), delivering newspapers under a contract labeling him an independent contractor of Phoenix Newspapers (PNI) (defendant), collided with and seriously injured motorcyclist William Santiago (plaintiff) while on his delivery route; Santiago sued PNI as vicariously liable. Frausto's own affidavit stated that, despite the contract's label, he considered himself an employee, followed a supervisor's specific directions on timing, route, and even placement of individual papers, and could be accompanied and corrected by a PNI supervisor. The trial court granted PNI summary judgment based on the contract's independent-contractor label, and the court of appeals affirmed.