Louisiana Personal Injury Lawyer Blog
Relationships between employees and employers can sour quickly when employees commit negligence during their duties. In some cases, the innocent party can seek compensation from the employer for damages caused by the employee. But what if the party causing harm is not really an employee but an independent contractor? And what if the roles are not entirely clear? A recent injury case out of Denham Springs addressed those questions.
In May 2012, Irby Burleigh was descending from an attic in a home that he would possibly lease when the ladder detached from the ceiling while Mr. Burleigh was on it. He fell and sustained injuries because of this faulty ladder.
D.R. Horton, Inc. – Gulf Coast (“Horton”) was the general contractor that constructed the home. Mr. Burleigh filed a lawsuit against Horton, claiming that the ladder was not properly installed and that Horton’s negligence was the cause of the accident.
On March 11, 2015, Horton stated that the attic ladder was installed by an independent contractor, John Mincey Construction (“Mincey”). Additionally, the ladder was inspected by an independent consultant.
Horton, therefore, claimed it was not responsible for the negligence and moved for summary judgment. Horton argued Mr. Burleigh would not be able to show that Horton was liable and there was no genuine issue of material fact. The Twenty-First Judicial District Court for the Parish of Livingston granted Horton’s motion for summary judgment.
A summary judgment motion allows courts to avoid full-scale trials when there are no genuine issues of material fact. See All Crane Rental of Georgia, Inc. v. Vincent, 47 So.3d 1024 (La. Ct. App. 2010). Louisiana law provides that an employer is responsible for the actions of those working for the employer and in furtherance of their job duties. See La. C.C. art. 2320. An employer is not, however, liable for the acts of an independent contractor. See Fonseca v. City Air of Louisiana, LLC, 196 So.3d 82 (La.Ct. App. 2016). In identifying whether a contractor is independent, courts look for a contract between the parties that provides for contractor freedom over the job, a specific price and duration for the work, and that the work is independent in nature.
Mr. Burleigh appealed, and the Louisiana First Circuit Court of Appeal found that the District Court should have denied the motion for summary judgment. The First Circuit found that Mincey was not a licensed contractor. More importantly, there was a dispute over whether the work was for a specific period or terminable at will. Therefore, a factual determination must be made regarding Mincey’s status. Factual determinations cannot be made when evaluating a motion for summary judgment. Thus, the summary judgment motion should have been denied.
Whether a party is an employee versus a contractor is a fact-specific determination. The change of status can also significantly alter which party is liable for injuries sustained by an innocent party. An excellent attorney can demonstrate enough material facts to the court to defeat summary judgment and allow an injured party their day in court.
Additional Sources: Burleigh v. Winfred Lee, D.R. Horton, Inc. – Gulf Coast, et al.
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