(4) skill is required in teaching horseback riding and that skill was possessed by the stable and its employees exclusively;
(5) the riding academy supplied all its own personnel and equipment;
(6) there was no evidence on the duration of the academy's relationship with the College;
(7) payment was made directly to the stable by the Plaintiff, with the College receiving no part of it;
(8) the work of the stable is not a part of the regular business of the College;
(9) the stable was considered by its operators as an independent contractor from all indications; and
(10) the College and the stable is each in its own independent business.
The Plaintiff places great stress on the theory that vicarious liability in tort attaches to the College for the stable's actions because it had the "right to control" the stable's performance. However, the "right to control" exercisable by the principal must be the right to control the "details" of the agent's "physical conduct." Smalich v. Westfall, 440 Pa. 409, 269 A.2d 476 (1970). Under no reading of the testimony in this case could it be said that the College had this right over the Equestrian Center.
Even in circumstances where a master-servant relationship does not exist, an agency relationship may give rise to vicarious liability on the part of the principal for the torts of the agent. Smalich v. Westfall, 440 Pa. 409, 269 A.2d 476 (1970) citing Restatement, Agency 2d § 250.
The Plaintiff has never maintained that the College "intended" or "authorized" Lorelei Stephenson's fall. Restatement, supra. Furthermore, the trial was devoid of any evidence that the College was on notice or should have been on notice of a negligent performance by Mrs. Bogdon. Restatement, supra. The College's actions do not fall within the orbit of the language quoted in footnote 9.
The only evidence bearing on the lesson plan issue dealt with the manner in which the College approved the use of the riding academy as the place where its students could take riding instructions. The approval came after a visit to the Center by one of the College's officials. In any event, Plaintiff seems to agree that the Center was "generally competent."
The Plaintiff introduced no evidence on lesson plans on the College level or what they would contain in circumstances akin to those in the instant case. The Plaintiff did not attempt to prove that the contents of a lesson plan could have had any foreseeable relationship to the prevention of Plaintiff's fall or the prevention of her resulting injury. No reasonable jury could have found a foreseeable relationship under the evidence at trial.
A directed verdict will be entered in favor of the Defendant, College Misericordia.