BUITRAGO V. ROHR
672 So. 2d 646 (1996)
NATURE OF THE CASE: Buitrago (Ds) appealed a summary judgment for Donovan Entertainment
(D) on the ground that it was not liable for an accident caused by driver, who was an
independent contractor rather than an employee.
FACTS: Rohr (D) owns a company, which is in the business of using hot air and cold air
balloons to advertise other people's businesses. Rohr (D) entered into an agreement with the
owner of some Blockbuster franchises, Donovan Entertainment (D), for advertising with
balloons. Donovan (D) agreed to pay Rohr (D) $1,500 to cover everything. Rohr (D) installed
a cold air balloon to be displayed at a college baseball game at the request of a Donovan
(D) employee. Following the game, Rohr (D) took the balloon down and drove back to his
motel. As he was turning into the parking lot, he pulled into the path of an oncoming
vehicle causing the accident. Ps sued Donovan (D) on the theory that Rohr (D) was acting as
Donovan's (D) agent at the time of the accident. The trial court granted Donovan's (D)
motion for summary judgment because Rohr (D) was an independent contractor. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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