Zimprich v. Broekel’s Empirical Analysis
1994
Citation profile
1 federal appellate · 2 district · 14 state decisions
How this case has been cited
Cited by 17 later decisions — most recently August 2018
1 federal appellate · 2 district · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Rust v. Johnson · Kummer v. City of Fargo · Barsness v. General Diesel & Equipment Co. · White v. Excalibur Insurance · Shark v. Thompson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he employer must have retained at least some degree of control over the manner in which the work is done. It is not enough that he has merely a general right to order the work stopped or resumed, to inspect its progress or to receive reports, to make suggestions or recommendations which need not necessarily be followed, or to prescribe alterations and deviations. Such a general right is usually reserved to employers, but it does not mean that the contractor is controlled as to his methods of work, or as to operative detail.”
3 later decisions quote this exact passage““§ 414. Negligence in Exercising Control Retained by Employer “One who entrusts work to an independent contractor, but who retains the control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care, which is caused by his failure to exercise his control with reasonable care.””
2 later decisions quote this exact passage“However, the “statutory employee” doctrine does not render the employer/carrier strictly liable for all torts committed by its drivers. White v. Excalibur Insurance Co., supra, 599 F.2d [50] at 53 [ (5th Cir.1979) ]; C.C. v. Roadrunner Trucking, Inc., 823 F.Supp. 913, 919 (D.Utah 1993). Rather, the federal scheme merely creates a fictional employment relationship, and liability is then determined under applicable state law, including respondeat superior. See White v. Excalibur Insurance Co., supra, 599 F.2d at 53; C.C. v. Roadrunner Trucking, Inc., supra, 823 F.Supp. at 919-920 ; Paul v. Bogle, supra [ 193 Mich.App. 479 ], 484 N.W.2d [728] at 733 [ (1992) ]. Liability in the present case thus turns upon respondeat superior, and, specifically, whether Broekel was acting within the scope of his “employment” when he performed repairs on the tractor in the warehouse. Much of the confusion in this case stems from the fact that Broekel, in effect, wore two hats in his relationship with Hi-Tech. Although under federal law and the parties agreement, Broekel was an “employee” when operating the tractor for Hi-Tech’s benefit, he also had separate responsibilities as the lessor/owner of the tractor. Several provisions in the parties’ agreement unambiguously specify that Broekel was solely responsible for maintenance and repair of the tractor: “5. Responsibility for Charges. The Contractor shall furnish and pay all costs of operation, including, but not limited to, the following: s}: % i”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.