Blockmon v. McClellan

Plaintiff's decedent died after being rear-ended by Defendant, then 18, a sales representative who was using the mapping and GPS functions on his cell phone to check location of next sales call. Jury returned a general verdict for Plaintiff of $4.7 million. Plaintiff presented some evidence showing a substantial factual dispute as to whether sales company and manufacturer of products sold had the right to control sales representative's work. Court properly denied their posttrial motions for judgment n.o.v. and for a new trial. There was sufficient evidence that an agency relationship existed, so that evidence was sufficient to sustain general verdict. No error in court's refusal to submit to jury a special interrogatory asking whether sales representative was an independent contractor at time of occurrence, as Plaintiff had 2 theories of liability:  that 2 companies were vicariously liable as sales representative was an agent, and that they were directly liable for their failure to train him. (MIKVA and WALKER, concurring.)