MS STATEMississippi Supreme Court
1990

Webster v. Mississippi Publishers Corp.

571 So. 2d 946Mississippi Supreme Court • Decided 1990Enforced

HOLDING

A newspaper publisher hired an independent hauler to deliver newspapers on a fixed schedule. The hauler caused an accident injuring someone. The court ruled the publisher was not liable because it only controlled when deliveries happened, not how the hauler did the work. This matters to subcontractors because it shows that specifying deadlines and schedules alone doesn't make someone your employee—you need to avoid controlling the day-to-day methods and means of work.

KEY FINDINGS

Termination for Convenience

Specify delivery dates and deadlines in your contracts without dictating how the work gets done—this protects you from liability for the other party's negligence

Change Order

Document that the other party controls their own methods, equipment, and work processes to establish independent contractor status

FULL COURT OPINION