Fleming

Appellants, Mary and Carolyn Fleming, filed an action for personal injuries against respondent, The Foothill-Montrose Ledger (“The Ledger”), and others in superior court. “The Ledger” moved for, and was granted, summary judgment and an order dismissing appellants’ complaint. (Code Civ. Proc., § 437c.) Appellants appeal the judgment of dismissal.

This action arises out of an automobile-pedestrian collision which occurred July 25, 1973, on Samoa Avenue in La Crescenta. The minor plaintiff suffered severe personal injuries when struck by a car driven by defendant, Kenneth Gaudsmith. Russell Gaudsmith, age 11, the son of Kenneth Gaudsmith, was in the automobile at the time of the accident.

For several months prior to the accident Russell Gaudsmith had delivered papers published by “The Ledger.” At the time of the accident defendant, Kenneth Gaudsmith, was driving his son for purposes of making newspaper collections for “The Ledger.”

Appellants seek to impose liability on respondent, “The Ledger,” on the theory that the son, Russell Gaudsmith, was the employee of “The Ledger” at the time of the accident since he was making collections for newspapers delivered. They assert…