GIBBS v. MILLER

No. 1171A244.

283 N.E.2d 592 (1972)

Aubrey GIBBS et al., Defendants-Appellants, v. Gene MILLER and Christine Miller, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied July 27, 1972.


Attorney(s) appearing for the Case

Arthur A. May, Crumpacker, May, Levy & Searer, South Bend, for defendants-appellants.

Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, Kokomo, David L. Matthews, South Bend, for plaintiffs-appellees.


HOFFMAN, Chief Judge.

The primary issue presented by this appeal is whether the negligence of Aubrey Gibbs may be imputed to Sears Roebuck and Company (Sears) under the theory of respondeat superior.

The facts viewed most favorably to appellees may be summarized as follows:

Aubrey Gibbs was employed by Sears as a "commission" salesman in their floor covering department. He was paid a commission on the sales made by him and accepted by Sears. In addition...

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