Rohan

I. BACKGROUND

The accident occurred on May 27, 2008, while Rohan was riding in a car driven by Ms. Rice. Rohan alleges that he was injured when the car hit a tree. Ms. Rice, who was 80 years old and then recovering from a stroke, hired Rohan in early April 2008 to drive her on errands for $12 an hour. Initially, Rohan did all the driving, but later rode with Ms. Rice while she practiced driving. Ms. Rice would drive the car from her home to a particular intersection, where Rohan would take over. In deposition, Rohan testified that, on the day of the accident, they were stopped at the top of a hill on the way to the appointed intersection when he asked Ms. Rice to let him take the wheel because he was concerned about her driving. When he had done this

1 once before, Ms. Rice kept driving, told Rohan “you are fired” when he asked to take the wheel, and then “you are rehired” when she reached the intersection. On the day of the accident, she again refused to stop driving and said “you are fired.” Rohan stayed in the car, expecting to be “rehire[d]” when they reached the intersection, but the accident intervened. Rohan was paid every one or two weeks with checks written by Mr. Rice,…