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Beard v. Richards11/12/1991
CERTIORARI PREVIOUSLY GRANTED; OPINION OF THE COURT OF APPEALS VACATED; JUDGMENT OF THE TRIAL COURT REVERSED.
The opinion of the court was delivered by: ALMA WILSON, Justice.
This is an appeal from an order awarding attorney fees and costs pursuant to 23 O.S.Supp. 1986 ยง 103 . The first impression issue presented is: Whether a plaintiff's claim against a defendant "was not well grounded in fact" and "unwarranted by existing law", if the defendant prevails on a directed verdict? We conclude: 1) a claim or defense of a non-prevailing party is well grounded in fact where the party has presented prima facie evidence which, together with all inferences to be drawn therefrom, if unrebutted, establishes a set of facts to support a judgment in favor of the non-prevailing party on the claim or defense; and, 2) a claim or defense of a non-prevailing party is warranted by existing law where the party asserts a recognized theory of law which would support the claim or defense. We hold that plaintiff/appellant's claim against defendant/appellee was well grounded in fact and warranted by existing law.
The facts which gave rise to the claim for personal injury damages are that George Beard, plaintiff/appellant, (Beard), a slight man, sixty years of age, was traveling to his employment site as a toll booth attendant for the Turnpike Authority. Hubert Richards, defendant, (Richards), six foot in height and 31 years of age, was driving a tractor-trailer vehicle owned by Leonard Salmons, defendant/appellee, (Salmons), and in the process of hauling a load for Salmons. Beard and Richards were driving on a local turnpike, when each became frustrated with the driving of the other. As they approached the turnpike tollbooths, Beard stopped his automobile so that Richards could not proceed through the toll passage. Beard and Richards existed their vehicles, and as Beard approached Richards, he struck Beard with a two-foot iron bar, breaking Beard's arm. Then, Richards proceeded to pay the toll and move his truck through the toll gate before the police were summoned.
Beard sought damages for the personal injury caused by Richards' assault and battery. Beard named Richards and Salmons, as Richards' employer, as defendants. Richards cross-claimed for malicious prosecution. Salmons filed a motion to dismiss and a motion for summary judgment, asserting that both his truck and the driver, Richards, were leased to Roadrunner Freight Systems, Inc. Thus, Salmons argued that he had no liability under the theory of respondeat superior because Roadrunner had exclusive control of Richards at the time of the injury. The trial court denied Salmons' pretrial motions.
The case proceeded to a jury trial. In Beard's case-in-chief, Salmons testified that Roadrunner was responsible for the direction and control of Richards, including the selecting, hiring, firing, supervising, directing, training, wages, hours, pay adjustments and employee grievances; in other words, that Roadrunner was the employer of Richards. Beard introduced a copy of the "Independent Contractors Agreement" between Roadrunner and Salmons. (Plaintiff's Exhibit 9). Beard's attorney questioned Salmons extensively about Salmons' Independent Contractor Agreement with Roadrunner. Salmons admitted that the agreement specifically provided that the drivers, drivers' helpers or laborers were to remain and be employees of Salmons; that Salmons would have exclusive supervision and control of the drivers; that Salmons would be fully responsible as the employer and would select, hire, fire, direct, train, pay, and insure the employees; and, that Salmons could reject any load and direct the dri
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