4. Dispute Collapse of a wall, which was an extension of building No.75 14’8” high 165’ in length Wall Collapsed because of faulty construction by Rust It was an “Act of God!” “ Excessive Rains” Because of the collapse, Hammermill had a total loss of $82,150.09 This amount was paid to Hammermill by it’s insurance company.
5. Court of Common Pleas Hammermill’s insurance company filed a case against Rust at the Court of Common Pleas of Erie County to recover those $82,150.09. But the court passed judgment in favor of Rust. “ Rust was an employee agency under the direct control of Hammermill. ”
6. Was Rust a regular employee Or Independent Contractor ?
7.
8. Comparison “ Hammermill approved The construction plans.” “ Hammermill approved the plans In sense of result not in sense Of method of construction.”
9. Comparison “ Hammermill had daily Inspections of the site.” “ Rust had the charge of method of construction.”
10. Comparison “ Hammermill was only Interested in results and costs.” “ Rust possessed the expertise In the construction field.”
11. Comparison “ Only Rust had the required Skills to perform the work.”
14. Supreme Court’s Decision According to Supreme Court decision: Rust was an independent contractor Hammermill was not responsible for the collapse Rust was liable to pay the damages