Hardin v. Bishop (Majority)
Annotate this CaseRandy Wardlaw lived in a rental house on India Bishop's property. Wardlaw, who occasionally helped Bishop with tasks, was burning dead vegetation in a drainage ditch on Bishop's property when the fire burned out of control. The fire spread onto the premises of a building owned by Charlotte Hardin and rented to Troy Guthrey for his business, where it caused a $326,000 loss. Hardin and Guthrey filed a complaint against Bishop and Wardlaw alleging that Wardlaw was negligent and seeking to recover damages, including double-damage recovery. The circuit court (1) entered a default judgment against Wardlaw, ordering him to pay Hardin $228,900 and Guthrey $453,750; and (2) granted Bishop's motion for summary judgment on the ground that no agency relationship existed between Bishop and Wardlaw. The Supreme Court reversed, holding that the circuit court improperly granted Bishop's motion for summary judgment, as a factual question regarding Bishop's authorization and control over Wardlaw remained to be answered. Remanded.
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