Torts

Question 1

What are the factors indicating that an employer controls manner and means of employment?

Answer 1

A number of factors are relevant, including the level of skill required to perform the work, who supplies the instrumentalities used, the duration of the relationship, and whether the work is part of the principal’s regular business. No single factor is determinative.

Question 2

When is an employer entitled to indemnification?

Answer 2

Indemnification (full reimbursement for damages paid to the plaintiff) is available to a tort defendant who has paid the plaintiff’s damage award when the paying defendant was not at fault in causing the plaintiff’s injuries.
By contrast, a joint tortfeasor who was at fault in causing the plaintiff’s injuries is entitled only to contribution, i.e., partial reimbursement for damages paid to the plaintiff,