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Torts Keyed to Underwood
Throop v. F.E. Young & Co.
Citation:
382 P.2d 560 (Az. 1963)Facts
The plaintiff’s husband was driving on a level and straight highway in broad daylight when a vehicle driven by Hennen swerved into his lane and caused a violent head-on collision. Both individuals were found dead in their cars by witnesses. Hennen worked as a salesperson for the Defendant F.E. Young’s medical testing kits. However, Hennen’s relationship with F.E. Young was murky. Hennen would come to the company office occasionally, pull cards on wholesale houses, and pick out the ones he desired to visit. Hennen took care of his own hotel and traveling expenses out of his own commissions. Hennen arranged selling visits in accordance with the times he wished to visit relatives in various parts of the country and stayed with his relatives for varying periods of time as he desired. The amount of commissions that Hennen obtained at F.E. young never exceeded $1,200 a year since Hennen received social security and did not wish to jeopardize this status. Furthermore, Hennen only visited the office on average, four to five times a year.
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