N.C.P.I.—Motor Vehicle 103.15

The defendant2 contends that (name other person) was an

independent contractor and was not his agent.3

A person for whom work is done is not liable for the negligent acts

of an independent contractor.4

A person is an independent contractor when the person for whom

he is performing services does not have the right or power to control the

methods, manner or means in which the details of the work are

performed.

In determining whether (name other person) was an independent

contractor, you may consider several factors. An independent contractor

usually

[is engaged in an independent business, calling or occupation]

[has the independent use of his special skills, knowledge or

training in the performance of the work]

[does work for a fixed price, a lump sum, or upon a rate basis

rather than on an hourly wage or salary basis]

[is not subject to discharge if he adopts one method of doing the

work rather than another]

[does not regularly perform services for the person for whom the

work is being done]

[is free to use such assistance as he thinks proper]

[has full control over those assisting in the work]

[selects his own time for working]

The existence or non-existence of one or more of these factors is

not necessarily controlling. These factors are to be considered by you

along with all of the other evidence in determining whether the defendant

had the right and power to control the methods, manner or means in

which (name other person) performed the details of his work.5