Coates v. Anderson

Summary

The Wyoming Supreme Court affirmed summary judgment in favor of Ron Anderson, successor trustee of the Dixie Anderson Trust, in an action arising from a collision with Anderson's parked tractor. The court held that Anderson was an independent contractor rather than an employee or agent of the Trust and that no de facto partnership existed. The court also concluded that the evidence did not establish that Dixie Anderson had ceased serving as trustee before the accident.

Holdings

1. Summary judgment was proper because the undisputed evidence established no genuine issue of material fact and entitled the Trust to judgment as a matter of law.
2. Ron Anderson was an independent contractor as a matter of law because the evidence did not show that the Trust had the right to control or supervise the details of his work or operation of the tractor.
3. Ron Anderson was not acting as an agent of the Trust and no de facto partnership existed between Anderson and the Trust when the accident occurred.
4. The record did not create a genuine issue of material fact that Dixie Anderson had failed to serve as trustee; therefore, Ron Anderson had not become successor trustee at the time of the accident.

Questions Presented

1. Whether genuine issues of material fact precluded summary judgment on the claim that the Dixie Anderson Trust was vicariously liable for Ron Anderson's conduct.
2. Whether Ron Anderson was an employee or independent contractor of the Trust under the right-to-control test.
3. Whether Ron Anderson was acting as an agent of the Trust or as a partner with the Trust when the accident occurred.
4. Whether facts established that Dixie Anderson had failed to serve as trustee, thereby making Ron Anderson the successor trustee at the time of the accident.

Disposition

affirmed