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Adelman Prevails in Favor of Delivery Company

Posted on Jan 01, 2008 in Results

Jonathan M. Adelman prevailed on a motion for summary judgment in favor of a large express delivery company in the State Court of Gwinnett County. The case arose from a motor vehicle collision involving the plaintiff and an independent contractor driver of the express delivery company. The plaintiff argued that the express company controlled the time, manner, and method of the independent contractor’s job duties and, therefore, could be held vicariously liable. Mr. Adelman argued that the elements of control relied upon by the plaintiff did no equate to control of the operative details of the independent contractor’s job duties. Mr. Adelman showed that the independent contractor utilized his own vehicle, picked his own routes, and determined his own hours.