Murrell v. Goertz

597 P.2d 1223, Okla, (1979)

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Nature of the Case

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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.