Western Rivers Fly Fisher (Western) operates under license of
the U.S. Forest Service as an “outfitter,” a corporation in the
business of arranging fishing expeditions on the Green River
in Utah. Michael D. Petragallo is licensed by the Forest Service
as a guide to conduct fishing expeditions but cannot do so by
himself, because the Forest Service licenses only outfitters to
float patrons down the Green River. Western and several
other licensed outfitters contact Petragallo to guide clients on
fishing trips. Because the Forest Service licenses only outfitters
to sponsor fishing expeditions, every guide must display on
the boat and vehicle he uses the insignia of the outfitter spon-
soring the particular trip. Petragallo may agree or refuse to
take individuals Western refers to him, and Western does not
restrict him from guiding expeditions for other outfitters.
Western pays Petragallo a certain sum per fishing trip
and does not make any deductions from his compensation.
Petragallo’s responsibilities include transporting patrons to the
Green River, using his own boat for fishing trips, providing
food and overnight needs for patrons, assisting patrons in fly
fishing, and transporting them from the river to their vehicles.
Robert McMaster contacted Western and arranged for a
fishing trip for him and two others. Jaeger was a member of
McMaster’s fishing party. McMaster paid Western, which
set the price for the trip, planned the itinerary for the McMaster
party, rented fishing rods to them, and arranged for Petragallo
to be their guide. When Petragallo met the McMaster party,
he answered affirmatively when the plaintiff asked him if he
worked for Western. Petragallo provided his own vehicle and
boat and supplied the food, equipment, and gasoline for the
trip. Both the vehicle and the boat had signs bearing Western’s
identification and logo. While driving the McMaster party back
to town at the conclusion of the fishing trip, Petragallo lost con-
trol of his vehicle and got into an accident, injuring Jaeger.
a. What arguments could Jaeger make for claiming that
Petragallo was an employee of Western?
b. What arguments could Western make for claiming that
Petragallo was an independent contractor?
c. Which side should prevail?
