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Business Associations Keyed to Bainbridge
Hoover v. Sun Oil Company
Citation:58 Del. 553, 212 A.2d 214 (1965)
The started at the rear of plaintiff’s car where it was being filled with gasoline and was allegedly caused by the negligence of John Smilyk an employee of Barone. Plaintiffs brought an action against Smilyk, Barone, and Sun Oil Company which owned the service station. Sun has moved for summary judgment as to it on the basis that Barone was an independent contractor and therefore the alleged negligence of his employee could not result in liability as to Sun. The plaintiffs asserts that there is an issue of fact for the jury to determine as to whether or not there was an agency relationship.
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