Essay: Avery Brooks owns Maple Street Bakery. Avery hires Ow…
Essay: Avery Brooks owns Maple Street Bakery. Avery hires Owen as a delivery driver to transport baked goods and equipment between bakery locations. Their written agreement states that Owen is an independent contractor. However, Avery requires Owen to work from 6:00 a.m. to 4:00 p.m., Monday through Friday, wear a Maple Street Bakery uniform, drive a company-owned delivery van, use a company-issued tablet to receive assignments and communicate with the bakery, and follow delivery routes established by Avery. Owen also makes deliveries for another local business for approximately four hours each Saturday. One afternoon, Avery allows Owen to use the company van to attend a personal doctor’s appointment, provided he also picks up a newly delivered commercial mixer from one bakery location. Avery expects Owen to deliver the mixer to another bakery location that same day. After picking up the mixer, Owen stops at a sporting goods store to shop for personal items and then has dinner with friends. Several hours later, while driving the company van with the mixer still inside, Owen negligently runs a stop sign and injures Ned. Q: Ned sues Owen and Maple Street Bakery for his injuries. Are Owen and/or Maple Street Bakery likely to be held liable? Fully analyze the relevant legal issues, including whether Owen should be classified as an employee or an independent contractor, and explain your conclusions.