HOME INTERIORS & GIFTS, INC., APPELLANT, v. JESUS VELIZ, APPELLEE, 695 S.W.2d 35

Summary

Appellant corporation sold household items through display shows conducted by displayers, who then placed orders with appellant. Appellant delivered the items to the displayers, who then distributed them to purchasers. Appellant had arranged for delivery of items to a displayer's house through an arrangement with a trucker. During the delivery, the trucker was involved in an accident with appellee, who sued appellant. Appellant alleged that the trucking arrangement gave rise to independent contractor status. However, the trial court found that the trucker was an employee of appellant. On appeal, the court found that the agreement between appellant and the trucker included sufficient instructions as to how the deliveries should be completed to give appellant sufficient control over the acts of the trucker to establish an employment relationship. The court examined the evidence surrounding the trial court's award of damages for loss of earnings in the past, and found that appellee had ...