In an action arising out of a truck accident, summary judgment for defendants is affirmed in part where the district court did not clearly err in finding that plaintiff consciously opted against timely obtaining one truck driver’s testimony.  However, the judgment is reversed in part where one defendant retained the right to control at least some of the “means and methods” used by the independent contractor that employed one of the drivers to achieve the contract’s stated objectives.

Read Huggins v. FedEx Ground Package Sys., Inc., No. 09-3144

Appellate Information

Submitted: November 10, 2009

Filed: January 19, 2010

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