Scheffel v. Oregon Beta Chapter of Phi Kappa Psi Fraternity (2015)
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· 11 citation events
across 3 courts.
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JH Kelly, LLC v. Quality Plus Services, Inc. (2020)
“Put differ- ently, only when the principal’s control over the agent with respect to the actions of the agent that gave rise to the tort claim is similar to the control that an employer exercises over an employee will the principal be vicariously liable for the negligence of its nonemployee agent.” Id. at 139 ; see Scheffel v. Oregon Beta Chapter of Phi Kappa Psi, 273 Or App 390, 419 , 359 P3d 436 (2015) (“To impose vicarious liability for a nonemployee agent’s physical cond…
“To impose vicarious liability for a nonemployee agent’s physical conduct, the principal must have—or appear to have—a right to control how the act is performed—that is, the physical details of the man- ner of performance—that is characteristic of an employee- employer relationship.”
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Barenborg v. Sigma Alpha Epsilon Fraternity (2019)
(See Smith v. Delta Tau Delta, Inc., supra, 9 N.E.3d at p. 164 [national fraternity’s power to impose “post-conduct sanctions” does not allow it to control local fraternity members’ conduct and thus “does not establish the right to control for purposes of creating an agency relationship”]; cf. Scheffel v. Oregon Beta Chapter of Phi Kappa Psi Fraternity (Or.Ct.App. 2015) 359 P.3d 436, 455 (Scheffel) [national fraternity’s “remedial” powers allowed day-to-day control 25 over a…
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Certain Underwriters v. TNA NA Manufacturing (2022)
See Scheffel v. Cite as 323 Or App 447 (2022) 455 Oregon Beta Chapter of Phi Kappa Psi, 273 Or App 390, 415 , 359 P3d 436 (2015) (outlining the requirements of a negli- gence per se claim based on a violation of an administrative rule).
outlining the requirements of a negli- gence per se claim based on a violation of an administrative rule
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Justice v. Vercher (2022)
See Scheffel v. Oregon Beta Chapter of Phi Kappa Psi, 273 Or App 390, 415 , 359 P3d 436 (2015) (setting out ele- ments of negligence per se).
setting out ele- ments of negligence per se