Last updated: 1/7/2012
2924. Status as Defendants Employee Subservant Company
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Description
2924. Status as Defendant's Employee--Subservant Company Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims [he/she/[name of decedent]] was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 because [he/she] was employed by [name of primary employer], a company that was controlled by [name of defendant]. To succeed on this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of defendant] controlled or had the right to control the daily operations of [name of primary employer]; That [name of defendant] controlled or had the right to control the physical conduct of [name of primary employer]'s employees in the course of the work during which [name of plaintiff/decedent] was [injured/killed]; and That [name of plaintif/decedent] was performing services for the benefit of [name of defendant] at the time of [injury/death]. 3. ________________________________________________________________________________ New September 2003, June 2011
