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Tonnakanian Case

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Tonakanian was operating a cab through a contract with United Independent Taxi Drivers Inc. Tonakanian made an illegal left turn and crashed into Emanuele Secci, who was on a motorcycle and was severely injured. Secci alleged that Tonakanian negligently failed to yield to oncoming traffic and that United was vicariously liable for Secci’s negligence. United alleged that Tonakanian was an independent contractor and was was not liable for his negligence.

United’s contract with Tonakanian stated that he was an independent contractor. Tonakanian owned his own cab and paid monthly dues and fees. United maintained the liability insurance for the affiliated taxis. The drivers were required to follow company regulations, rules, and procedures. The

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