Teamsters Local #297 Ft. Wayne v. Air-Flow

The central issue in this case is whether the plaintiff, John E. Yuhasz (Yuhasz) was an employee of a corporation known as Ace Store Fixtures, Inc. (Ace) at the time he received certain injuries and was thereby precluded from bringing a common law action for damages against his fellow employee.[Footnote 1] When the case was tried, the parties agreed to submit first to the jury the question of whether Yuhasz was an independent contractor or an employee. The jury returned a verdict adverse to plaintiff on the issue, and judgment was a thereafter entered for defendant. A timely motion to correct errors was overruled and this appeal followed.