Leaf River Forest Products, Inc. v. Harrison

392 So.2d 1138 (1981)

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Nature of the Case

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Facts

Harrison (P) was injured as a result of a collision caused by McDonald's truck. McDonald cuts and hauls logs and Leaf River (D) purchases from McDonald. D operates a sawmill. The contractual relationship between McDonald and D was one of an independent contractor not subject to D's control. There was no proof or indication that the contract was a sham or a device employed as a scheme to contravene legal requirements pertaining to operational procedures of those in business. P sued D under respondeat superior and recovered a verdict of $433,000 with McDonald's insurer paying $102,525 the limits of his liability policy. D appealed.