MURRELL V. GOERTZ
597 P.2d 1223, Okla, (1979)
NATURE OF THE CASE: Murrell (P) appealed an order that granted summary judgment in favor
of Goertz (D), newspaper company in an assault and battery suit.
FACTS: D was making monthly collections for the delivery of appellant's morning
newspaper, the Daily Oklahoman, which is published by Oklahoma Publishing (D1). P questioned
D concerning damage to P's screen door caused by the newspaper carrier throwing the
newspaper into it. An argument ensued and eventually P slapped D who in turn struck P. P was
allegedly injured, requiring medical treatment and subsequent hospitalization. P filed suit
for f $52,500 for past and future medical expenses, pain and suffering, and exemplary
damages. P contends that D was a servant of D1 either by agreement between the
co-defendants, or by D1 creating the apparent belief in appellant that D was a servant by
allowing D to deliver the paper, advertise that product, and to collect for accounts due. Ds
denied that D was D1's servant. D1 filed a motion for summary judgment which was sustained
by the trial court. The trial court then denied P's motion for new trial and this appeal was
perfected.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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