Murrell v. Goertz
597 P.2d 1223, Okla, (1979)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
D was making monthly collections for the delivery of appellant's morning newspaper, the Daily Oklahoman, which is published by Oklahoma Publishing (D1). P questioned D concerning damage to P's screen door caused by the newspaper carrier throwing the newspaper into it. An argument ensued, and eventually, P slapped D who in turn struck P. P was allegedly injured, requiring medical treatment and subsequent hospitalization. P filed suit for f $52,500 for past and future medical expenses, pain and suffering, and exemplary damages. P contends that D was a servant of D1 either by agreement between the co-defendants, or by D1 creating the apparent belief in appellant that D was a servant by allowing D to deliver the paper, advertise that product, and to collect for accounts due. Ds denied that D was D1's servant. D1 filed a motion for summary judgment which was sustained by the trial court. The trial court then denied P's motion for new trial and this appeal was perfected.
Issues
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Holding & Decision
The court's holding and decision will be displayed here.
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