(dissenting).
The majority affirms the trial court’s grant of summary judgment. I respectfully dissent. I believe there is an issue of fact as to the degree of control held by Sheller-Globe over Jones as opposed to the degree of control held by Manpower.
The supreme court set forth the factors by which to determine whether an employer-employee relationship exists in Henderson v. Jennie Edmundson Hosp., 178 N.W.2d 429, 431 (Iowa 1970):
(1) the right of selection, or to employ at will (2) the responsibility for the payment' of wages by the employer (3) the right to discharge or terminate the relationship (4) the right to control the work, and (5) is the party sought to be held as the employer the responsible authority in charge of the work for whose benefit the work is performed.... We recognize the overriding element of the intention of the parties as to the relationship they are creating may also be considered.
Utilizing this test and viewing the evidence in the light most favorable to Jones, Thorp Credit, Inc. v. Gott, 387 N.W.2d 342, 343 (Iowa 1986), I find reasonable minds could differ on how the issue should be resolved.
The Wage Master Service Agreement between Manpower and Sheller-Globe gave Manpower the right to select employees: “this arrangement shall in no way affect the right of Manpower in its sole discretion as employer to hire and terminate employees.” In addition, Manpower had the responsibility for the payment of wages and a right to control the work in part. The agreement provided a Manpower employee cannot work more than forty hours per week and Sheller-Globe “will not permit any Manpower employee to operate any motor vehicle or machinery of any kind” without first obtaining Manpower’s prior written consent. With regard to the intent of the parties, Sheller-Globe answered interrogatories by stating Jones was an employee of Manpower at the time of the accident.
Reasonable minds could differ as to whether the above situation meets the Henderson test, showing an employee-employer relationship between Jones and Manpower. Because Henderson applies here, it is unnecessary to delve into the rules of other jurisdictions. I would reverse the trial court’s grant of summary judgment.