Question: Help me brief this case please Coker v. Pershad Superior Court of New Jersey, Appelilate Division, 2013 WL 1296271 2013 BACKGROUND AND FACTS AAA North

 Help me brief this case please Coker v. Pershad Superior Court

of New Jersey, Appelilate Division, 2013 WL 1296271 2013 BACKGROUND AND FACTS

Help me brief this case please

Coker v. Pershad Superior Court of New Jersey, Appelilate Division, 2013 WL 1296271 2013 BACKGROUND AND FACTS AAA North Jersey, Inc, contracted with Five Star Auto Service to perform towing and auto repair services for AAA. Terence Pershad, the driver of a tow truck for Five Star, responded to a call to AAA for assistance by the driver of a car involved in an accident in Hoboken, New Jersey. Pershad got into a fight with Nicholas Coker, a passenger in the car, and assaulted Coker with a knife. Coker filed a suit in a New Jersey state court against Pershad, Five Star, and AAA. The court determined that Pershad was Five Star's employee and that Five Star was an independent contractor, not AAA'S emplayee. Thus, AAA was rot responsible for the alleged negligence of its independent contractor defendant Five Star, in hiring Mir. Pershad Five Star entered into a settlement with Coker Coker appealed the ruling in AAA's favor N THE LANGUAGE OF THE COURT PER CURIAM The important difference between an employee and an independent contractor is that orne who hires an independent contractor has no right of control over the manner in which the work is to be done. [Emphasis added.] Plaintiff (Coker] argues AAA controlled the means and method of the work performed by Five Star. . . . Factors.. [that] determine whether a principal maintains the right of con- trol over an individual or a corporation claimed to be an independent contractor [include: (a) the extent of control which, by the agreement, the master may exercise over the details of the work (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision

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