Jude Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made his usual runs for the florist for whom he delivered flowers, Nettie’s Flower Garden. He made a slight detour prior to the accident to conduct personal business at a pawnshop and was returning to the flower shop at the time of the accident. Nettie’s set standards for Ferry’s dress and conduct, determined his territory, and set standards for his van. Studebaker brought an action against Nettie’s on a repsondeat superior theory on the belief that
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