Filing suit to recover damages


Case Problem:

Julaju drove a taxi on a part-time basis for El Palmar Taxi, Inc., usually only on Sundays and sometimes on Mondays. He worked an unrelated job on the remaining days of the week. Julaju was given certain rules to follow—dress neatly, do not allow smoking in the car, do not allow passengers in front unless absolutely necessary, and ask the passengers to wear their seat belts. All cars driven for El Palmar had to be white and display the El Palmar logo. Julaju had obtained his taxi license from the city by filling out an application and giving it and the applicable fee to El Palmar. Julaju further testified that when he was driving a taxi, he did not have a set schedule and could work when he wanted and for as long as he wanted. While working, he drove either a car provided by El Palmar or a car owned by another taxi driver. To obtain a fare from El Palmar, Julaju would call the office to let them know he was working and then wait for them to give him an address to pick someone up. While he was waiting, Julaju was free to look for his own fares. In the case in question, El Palmar sent Julaju to pick up Maria Lopez and her children. Julaju got into an accident, and Lopez filed suit with El Palmar to recover damages. El Palmar argued it was not liable because Julaju was an independent contractor. Do you think the court ruled that Julaju was an employee or independent contractor? [ Lopez v. El Palmar Taxi, Inc., 297 Ga. App. 121; 676 S.E.2d 460 (2009).]

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Business Law and Ethics: Filing suit to recover damages
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