85 A.3d 1140
R.I.2014Background
- October 23, 2006 rear-end crash in Cranston between a Cox-contracted van driven by Nelson Ovalles and plaintiff Barbara Cayer.
- Cayer sued Ovalles, his wife Flor, Cox Rhode Island Tele-com, LLC d/b/a Cox Communications, and later challenged Cox’s dismissal as vicariously liable.
- Cox filed a third-party complaint against M&M Communications, Inc. under an installation agreement designating M&M as independent contractor.
- Cox moved for summary judgment arguing no employment relationship; court granted summary judgment.
- Cayer moved to amend to assert direct claims against M&M; amendment denied due to statute of limitations and relation-back issues.
- Final Rule 54(b) judgment in Cox’s favor; plaintiff appealed the final judgment and the denial of the motion to amend was also appealed as interlocutory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Cox liable for Ovalles under vicarious liability/employee status? | Cox controlled Ovalles’s activities, raising material facts. | Ovalles was not Cox’s employee; independent contractor arrangement with M&M governs. | No; Ovalles not Cox employee; summary judgment proper. |
| Was the motion to amend to add M&M claims properly before the Court? | Amendment relates back under Rule 15. | Amendment expired under the statute of limitations; not clearly relate back. | Interlocutory order; not properly before us; appeal denied and dismissed. |
Key Cases Cited
- Absi v. State Department of Administration, 785 A.2d 554 (R.I. 2001) (test for employer-employee control over method and means of work)
- Lauro v. Knowles, 739 A.2d 1183 (R.I. 1999) (control over anesthesia personnel not shown; independent contractor factors)
- Rosoli v. Kuzman, 660 A.2d 263 (R.I. 1995) (agency relationship elements include principal’s control over undertaking)
- Hill v. Rhode Island State Employees’ Retirement Board, 935 A.2d 608 (R.I. 2007) (assignment factors for employment status and control)
- Anjoorian v. Kilberg, 711 A.2d 638 (R.I. 1998) (interlocutory review considerations and finality)
- Di Orio v. R. L. Platter, Inc., 100 R.I. 117, 211 A.2d 642 (R.I. 1965) (mixed question of fact and law in employer-employee analysis)
- Becker v. Beaudoin, 106 R.I. 562, 261 A.2d 898 (R.I. 1970) (traditional agency/employee discussion)