This section contains the nature of the case and procedural background.

Rohr (D) owns a company, which is in the business of using hot air and cold air balloons to advertise other people's businesses. Rohr (D) entered into an agreement with the owner of some Blockbuster franchises, Donovan Entertainment (D), for advertising with balloons. Donovan (D) agreed to pay Rohr (D) $1,500 to cover everything. Rohr (D) installed a cold air balloon to be displayed at a college baseball game at the request of a Donovan (D) employee. Following the game, Rohr (D) took the balloon down and drove back to his motel. As he was turning into the parking lot, he pulled into the path of an oncoming vehicle causing the accident. Ps sued Donovan (D) on the theory that Rohr (D) was acting as Donovan's (D) agent at the time of the accident. The trial court granted Donovan's (D) motion for summary judgment because Rohr (D) was an independent contractor. Ps appealed.

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