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D is a furniture store that also sells carpeting. D sold its carpet installation business to Perrone in 1975. Since then, D has provided carpet installation services through Perrone's installation business as well as through other independent carpet installers. For the past ten years, Perrone has been the principal carpet installer for D. Initially, D put Perrone on a two-week probationary period during which D inspected Perrone's work to determine that Perrone was qualified. Perrone was given a small work area from which to assign installation jobs. Perrone hired other independent carpet installers, such as Kraus, to complete jobs that he could not perform. On August 6, 1983, Perrone assigned Kraus two installation jobs from D. Krause completed the installation jobs around noon. Thereafter, Kraus, in his own truck, drove to a bar with his helper, Kevin Carleton, as a passenger. After drinking for four hours, Kraus attempted to drive Carleton to D's warehouse parking lot so Carleton could get his car. Traveling at a speed in excess of 50 m.p.h., Kraus ran a stop sign and collided broadside with the P's vehicle. P's wife, Zenaida Quintos-Miranda, a passenger in that vehicle, died in a hospital soon after the accident. P brought a wrongful death action against D and Perrone for the death of Zenaida. The trial court's final summary judgment held that Perrone was D's employee and that Kraus was D's subemployee. The jury verdict award of 2.3 million dollars to P. D appealed.

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