WINFORD v. HAWISSEE APARTMENT COMPLEX


812 S.W.2d 293 (1991)

Vera WINFORD, Plaintiff/Appellant, v. HAWISSEE APARTMENT COMPLEX and Turfmaster, Inc., Defendant/Appellee.

Court of Appeals of Tennessee, Western Section, at Jackson.

Application for Permission to Appeal Denied June 10, 1991.


Attorney(s) appearing for the Case

Thompson G. Kirkpatrick of Kirkpatrick, Kirkpatrick & Efird, Memphis, for plaintiff/appellant.

John R. Cannon, Jr., Memphis, for defendant/appellee.


Application for Permission to Appeal Denied by Supreme Court June 10, 1991.

BROOKS McLEMORE, Special Judge.

In this negligence action where master and servant is alleged, the determinative question is whether the alleged defendant-master must plead affirmatively in his answer that the alleged employees are independent contractors when he knows that to be the case at the time of answering.

The material facts are not disputed.

On April 20, 1988...

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