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Larmon v. CCR Enters.

The trial court did not err in ruling that the bus driver allegedly responsible for the plaintiff's injuries was an independent contractor, since his employment contract gave him the discretion in the manner and method in driving the bus for a Florida delivery.

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Fallon Larmon appeals from the trial court’s order granting summary judgment to CCR Enterprises on Larmon’s claim for damages for injuries received in an automobile accident. Larmon claimed that the accident was caused by a Blue Bird bus driven by Charles Chamlee, an employee of CCR. The trial court determined that Chamlee was an independent contractor, not an employee, and granted CCR’s motion for summary judgement. We agree and affirm. The accident in question involved a bus manufactured by Blue Bird in Lafayette, Georgia that was being delivered to Florida Transportation Systems in Florida. CCR was in the business of delivering the Blue Bird buses to buyers around the country and it contracted with different drivers to drive the buses from the Blue Bird plant to the buyers’ locations.

According to Calvin Norton, the president of CCR, the only employees of the company were Norton, his wife, and a bookkeeper. CCR’s contract with Chamlee provided that he would be paid $313 before departure and was to deliver the bus to an address in Tampa, Florida, on September 19, 2003, the manner and method of performance were “within the Driver’s discretion.” The contract also stated that Chamlee was an independent contractor and therefore was responsible for his own insurance and taxes.

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