Question

Kenny was the neighbor good friend of Rick and Joyce Taylor. Rick hepled repair Kenny's truck, and Kenny cut the grass in the Taylor's yard. One day, while the Taylors were out, Kenny began to cut the Taylors' grass. Joyce came home, saw what Kenny was doing, and made no effort to stop him. Kenny negligently ran over a patch of gravel. One piece of gravel shot through the air and struck Jackie in the eye. She sued not only Kenny, but the Taylors as well, claiming he was their agent and they were responsible for his negligent act. Was Kenny the Taylors' agent?

Answer 1

At the ensuing trial, the Taylors moved for a directed verdict at the close of Gill's evidence and urged, among other things, the lack of substantial evidence to support an agency relationship. The directed-verdict motion should be denied. The Taylors put on no proof, and the circuit court submitted the case to the jury on interrogatories. The jury found that Willis was 80% at fault, while Gill was 20% at fault. The jury assessed Gill's damages at $50,000 and found that an agency relationship existed between Willis and the Taylors. The court, as a result of the verdict, reduced the $50,000 award due to Gill's measure of fault and entered a $40,000 joint and several judgment against the Taylors and Willis.

this is real case by the way where the jackie was found guilty

934S.W.2d 919 (1996)

326 Ark. 1040

Rick TAYLOR, Joyce Taylor and Kenny Willis, Appellants, v. Jackie GILL, Appellee.

Supreme Court of Arkansas.

December 23, 1996.