In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a
fire that damaged a brake shop, a federal court in Mississippi
ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products
liability and negligence claims (the latter of which was subsumed by the products
liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).
The EEOC has identified six non-exhaustive factors relevant to making this determination: • Whether the organization can hire or
fire the individual or set the
rules and regulations of the individual's work; • Whether and, if so, to what extent the organization supervises the individual's work; • Whether the individual reports to someone higher in the organization; • Whether and, if so, to what extent the individual is able to influence the organization; • Whether the parties intended that the individual be an employee, as expressed in written agreements or contracts; and • Whether the individual shares in the profits, losses, and
liabilities of the organization.