NELSON v. SHELL OIL COMPANY

No. 80-460.

396 So.2d 752 (1981)

Darcell NELSON, Appellant, v. SHELL OIL COMPANY et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 1981.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Miami, Kwitney, Kroop & Scheinberg, Miami Beach, for appellant.

Preddy, Kutner & Hardy and G. William Bissett, Miami, for appellees.

Before HENDRY, SCWARTZ and FERGUSON, JJ.


SCHWARTZ, Judge.

The plaintiff-appellant was injured by a tortious act of an employee of the OK Shell service station. We affirm the summary judgment entered for the Shell Oil Company on the ground that the operators of OK were, as a matter of law, independent contractors, rather than agents or servants of Shell, and that it was therefore not vicariously liable for the acts of the employee under the respondeat superior doctrine. Miller v. Sinclair Refining...

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