2923. Borrowed Servant or Dual Employee

2923. Borrowed Servant/Dual Employee Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [[Name of plaintiff] claims [he/she[name of decedent]] was [name of defendant]'s employee at the time of the incident even though [he/she] was primarily employed by [name of primary employer].] [or] [[Name of plaintiff] claims [he/she [name of decedent]] was employed by both [name of defendant] and [name of primary employer] at the time of the incident.] In deciding whether [name of plaintiff/decedent] was [name of defendant]'s employee, the most important factor is whether [name of defendant] had the right to control the work of [name of plaintiff/decedent], rather than just the right to specify the result. It does not matter whether [name of defendant] exercised the right to control. Sharing information or coordinating efforts between employees of two companies, by itself, is not enough to establish the right to control. In addition to the right of control, you must also consider all the circumstances in deciding whether [name of plaintiff/decedent] was [name of defendant]'s employee. The following factors, if true, may show that [name of plaintiff/decedent] was the employee of [name of defendant]: (a) [Name of defendant] supplied the equipment, tools, and place of work; (b) [Name of plaintiff/decedent] was paid by the hour rather than by the job; (c) The work being done by [name of plaintiff/decedent] was part of the regular business of [name of defendant]; (d) [Name of defendant] had the right to end its relationship with [name of 2923. Borrowed Servant/Dual Employee Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 plaintiff/decedent]; (e) (f) The work being done by [name of plaintiff/decedent] was [his/her] only occupation or business; The kind of work performed by [name of plaintiff/decedent] is usually done under the direction of a supervisor rather than by a specialist working without supervision; (g) The kind of work performed by [name of plaintiff/decedent] does not require specialized or professional skill; (h) The services performed by [name of plaintiff/decedent] were to be performed over a long period of time; (i) (j) (k) [Name of defendant] and [name of plaintiff/decedent] acted as if they had an employer-employee relationship; [Name of plaintiff/decedent]'s duties to [name of defendant] were only for its benefit; [Name of plaintiff/decedent] consented to the employment with [name of defendant]. _____________________________________________________________________________ New September 2003; Revised June 2013