Marty’s Market, signed a contract with T & J Complete Company, a two-person handyman…

Marty’s Market, signed a contract with T & J Complete Company, a two-person handyman partnership operated by Thomas and Jones, to do whatever jobs were necessary to effectively operate Marty’s Market effectively. Typical duties included repairing the refrigeration, fixing the grocery shelves, maintaining the lights outside, and common plumbing problems. Marty’s checked references of T & J’s Complete Company and found the company to be highly reputable. The contract called for payments to be made to T & J Complete Company on the first workday of each month, and stated in big bold

»Marty’s Market, signed a contract with T & J Complete Company, a two-person handyman partnership operated by Thomas and Jones, to do whatever jobs were necessary to effectively operate Marty’s Market effectively. Typical duties included repairing the refrigeration, fixing the grocery shelves, maintaining the lights outside, and common plumbing problems. Marty’s checked references of T & J’s Complete Company and found the company to be highly reputable. The contract called for payments to be made to T & J Complete Company on the first workday of each month, and stated in big bold letters that “ T & J ARE NOT AGENTS OF MARTY’S MARKET. ” T & J Complete were very busy with several other accounts but the work at Marty’s Market took up most of their time. While working on a plumbing problem, Jones severed a gas pipe which leaked an odorless semi-toxic gas throughout Marty’s Market. Two customers at the Market became sick and within 10 minutes of the gas being leaked, each person needed to receive immediate medical treatment and vowed to sue Marty’s Market for their medical injuries. Marty’s Market contends that the proper defendants should be T & J Complete Company not Marty’s Market. indicate who , as well as why (either T & J’s Complete Company or Marty’s Market), should be liable for the medical injuries caused by the leaking gas.

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