# Stratman v. Admiral Beverage Corp.

> Wyoming Supreme Court · August 24, 1988 · 760 P.2d 974

URL: https://www.frixlaw.com/law-library/cases/9548693

## Case

- **Full name:** William W. STRATMAN, as Administrator of the Estate of Kathy Ann Stratman, Appellant (Plaintiff), v. ADMIRAL BEVERAGE CORPORATION and Fremont Beverages, Inc., Appellees (Defendants), Crown Cork and Seal Co., Inc., a New York Corporation and Continental Can Company, Inc., (Defendants)
- **Court:** Wyoming Supreme Court
- **Decided:** August 24, 1988
- **Citations:** 760 P.2d 974; 1988 Wyo. LEXIS 109; 1988 WL 87787
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Cardine, Thomas, Urbigkit, MacY, Brown, Ret
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9548693

## Opinion text

BROWN, Justice, 1
specially concurring.
I concur in the result reached by the court in this case. I think, however, that the standard for determining the existence of an employment relationship, under the circumstances of this case, is more accurately set out in Boehm v. Cody Country Chamber of Commerce, 748 P.2d 704, 712-713 (Wyo.1987), where we said:
We determine the existence of an employment relationship as a matter of law when only one reasonable inference about the existence of the asserted relationship can be drawn from the facts. Battlefield, Inc. v. Neely, Wyo., 656 P.2d 1154, 1160 (1983). The controlling inquiry in determining if an employment relationship exists is whether the alleged employer retained the right to control the alleged employee’s work. Id., (citing Combined Insurance Company of America v. Sinclair, Wyo., 584 P.2d 1034, 1042 (1978)). If the right of control has been exercised, but never retained, an employment relationship does not exist for that reason only. Battlefield, Inc. v. Neely, supra, at 1161. (Emphasis added.)
. Chief Justice, Retired, June 30, 1988.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548693. Public record. Not legal advice.