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Case Analysis: Coker v. Pershad
a) Parties
The plaintiff in this case was Nicholas Coker, whereas the defendant was Terrence Pershad alongside two companies by the name Five Star Service and AAA.
b) Facts
A motorist by the name Alvarado got involved in an accident and sought the services of a road and emergency service by the name AAA (Casetext, 2021). The plaintiff was inside the vehicle involved in the accident which was incidentally being driven by Alvarado. AAA engaged the services of a towing service by the name Five Star Service. The tow truck was being driven by Preshad. After a brief altercation at the scene of the accident, Coker was stabbed by Preshad (Casetext, 2021). AAA, Five Star Services and Preshad were sued by Coker.
c) Procedure
In a lower court, presided over by Judge Perez Friscia, a determination was made to the effect that Five star was the company that had engaged Pershad as an employee, and not AAA (Casetext, 2021). The judge also established that Five Star Services had been engaged by AAA as an independent contractor. Towards this end, the judge made a finding to the effect that the latter could not be held to account for any negligence on...…by AAA as an independent contractor.
g) Reasoning
In addition to AAA, Five Star Services engaged and availed services to other customers for, or on behalf of, other companies. For this reason, an argument could be made that the said towing services firm was an independent contractor engaged in business using its own modes of operation and tools.
h) Conclusion
In the final analysis, it would be prudent to note that the appellate divisions affirmation of the ruling of the trial court was in order. This is more so the case given that it was founded upon the firm application of the legal provisions in…
References
Casetext (2021). Coker v. Pershad. https://casetext.com/case/coker-v-pershad
Turner, C. (2014). Contract Law. Routledge.
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