In the case of Studebaker v. Nettie's Flower Garden, Inc. (Nettie’s), Plaintiff, Judith Studebaker, was injured when a van driven by James Ferry a contracted employee of Nettie’s collided with her vehicle. She filed suit against Nettie’s, on the basis that Ferry was Nettie's employee at the time of the accident and based on respondeat superior doctrine that holds an employer responsible for the wrongful acts of an employee, if such acts occur within the scope of the employment and that the employer is in a position to obtain liability insurance to protect against claims of third person (Twomey, 2013, p. 619).
According to the evidence Ferry used his own van to delivered flowers in an area of St. Louis and he was paid, not by the hour,