William Kistner and William Kistner, Jr. v. George T. Cupples, Tuffer Enterprises, Inc., and Integrated Distribution

Summary

The court affirmed summary judgment for Integrated Distribution, holding that federal leasing regulations did not make the driver a statutory employee and did not preempt application of state-law employment principles. Applying Arkansas’s right-to-control test, the court concluded that the agreement and supporting affidavit established an independent-contractor relationship and that the driver was bobtailing outside Integrated’s service when the accident occurred.