Service king tool stroud
Chris Morgan was later given Phil Keith s contact information to use as needed during delivery. At this time, Phil Keith provided Bolen with the 2 delivery address: 211 Warren Street, Lewisville, Arkansas. Bolen informed Phil Keith that Young Well Service was responsible for obtaining insurance on the rig and transporting Chris Morgan to the airport after the rig was delivered. In making preparations for delivery of the rig to Lewisville, Charie Bolen, Service King s sales assistant during the relevant time period, contacted Phil Keith, a Young Well Service representative, a few days before the delivery was to take place.
#SERVICE KING TOOL STROUD DRIVERS#
Service King delivery drivers like Morgan were paid partially hourly and partially by the mile along with food, gas, hotel, and any other transportation expenses to be paid by Service King. Morgan was a Service King employee whose primary job for the company was delivering rigs to customers like Young Well Service who contracted for the service. Service King assigned the task of delivering the rig to Lewisville to Chris Morgan. Service King charged $1,400.00 for this delivery which was added to the outstanding balance for the manufacture of Young Well Service s rig. Mike Goodman, Service King Sales Manager, testified that approximately 30% of the rigs manufactured by Service King are delivered in this manner rather than being picked up by the customer. In April 2010, Young Well Service requested that Service King deliver the completed rig from Service King s Stroud, Oklahoma location to Young Well Service s base of operations in Lewisville, Arkansas. BACKGROUND In February 2010, Young Well Service contracted with Service King Manufacturing for the manufacture and purchase of an oil well drilling rig. The Court finds this matter ripe for consideration.
Both Service 1 King and Young Well Service have responded. This matter is now before the Court on Service King and Young Well Service s cross-motions for Summary Judgment. Defendant Service King filed a Third Party Complaint against co-Defendant Young Well Service alleging that the employee was an agent or servant of Young Well Service at the time of the incident, and, therefore, any and all negligence should be imputed to Young Well Service rather than Service King. ( Young Well Service ) alleging negligence in allowing an employee to operate a vehicle in an unsafe condition. ( Service King ) and Young Well Service Company, Inc.
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INTERVENOR PLAINTIFF MEMORANDUM OPINION Plaintiffs Gary and Anita Plumley filed an Amended Complaint against Defendants Service King Manufacturing, Inc. THIRD PARTY DEFENDANT AGCS MARINE INSURANCE COMPANY, AS SUBROGEE OF YOUNG WELL SERVICE COMPANY, INC. DEFENDANT/ THIRD PARTY PLAINTIFF/ INTERVENOR DEFENDANT VS. DEFENDANT/ THIRD PARTY DEFENDANT SERVICE KING MANUFACTURING, INC. 10-CV-4108 YOUNG WELL SERVICE COMPANY, INC. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION GARY and ANITA PLUMLEY VS.