JH Kelly, LLC v. Quality Plus Services, Inc.  ·  2020-07-22  ·  Court of Appeals of Oregon  ·  pin 359 P.3d at 436

“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.”