Malloy v. Fong

In Malloy v. Fong (1951) 37 Cal.2d 356, the plaintiff was injured in a car accident while attending a vacation Bible school run by his church. The issue before the court was whether the church was vicariously liable for the alleged negligence of the church's pastor and his assistant. (Id. at pp. 360-363, 370.) The court identified the right of control as the primary factor in determining whether a person performing work for another is an agent or an independent contractor, but noted that the additional factors outlined in Empire Star were also relevant. (Id. at pp. 370-371.) The court addressed each of the factors before concluding that the pastor was an employee, not an independent contractor. (Id. at pp. 371-372.)