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McGinnis v. Waste Management of Louisiana10/26/2005
Before WILLIAMS, PEATROSS and MOORE, JJ.
Cedric McGinnis appeals a judgment dismissing his personal injury action against Waste Management of Louisiana, L.L.C., its general liability insurer and one of its employees, Edward Bryant. The district court found that McGinnis's exclusive remedy is in workers' compensation. We affirm.
Factual Background
Waste Management is a provider of solid waste collection services. In April 1999, it signed a "temporary personnel supply agreement" with Labor Finders of Monroe, a temporary employment agency, for Labor Finders to provide personnel to Waste Management. The agreement provided that no personnel supplied by Labor Finders shall be employees of Waste Management. The agreement further provided that Labor Finders was an independent contractor vis-à-vis Waste Management and responsible for maintaining workers' compensation insurance for its own personnel. Labor Finders paid its workers' salaries according to a weekly time sheet provided by Waste Management. The agreement did not specify the type of work that temporary workers would be performing for Waste Management.
Waste Management employed Edward Bryant, who is McGinnis's uncle, as a garbage truck driver in Ouachita Parish; Bryant was not employed by Labor Finders. In April 2003, Bryant was shorthanded on his route so he asked McGinnis to join the crew, instructing him to apply for a job at Labor Finders. McGinnis did so and was accepted; Labor Finders sent him to work for Bryant at Waste Management as a Labor Finders employee.
On the morning of June 20, 2003, Bryant and McGinnis were collecting garbage on Rowland Road in Ouachita Parish when Bryant, who was driving, backed up the truck into the front end of a Ford Mustang that was waiting behind the truck. McGinnis was unable to escape his position before the crash; his right leg was pinned between the car and the truck. McGinnis's knee actually smashed out one of the Mustang's headlights. He was taken to North Monroe Hospital and treated for serious injuries.
McGinnis filed the instant suit against Bryant, Waste Management and its commercial general liability carrier, ACE American Insurance Company, in the Fourth Judicial District Court. McGinnis alleged that Bryant was negligent in driving the truck and causing the collision; Waste Management was liable under the doctrine of respondeat superior; and ACE was liable under its policy for Bryant's actions.
The defendants answered that McGinnis's exclusive remedy against them was in workers' compensation; by amended answer, they alleged that Waste Management was his statutory employer. Later, they moved for summary judgment, urging the "borrowed employee" doctrine, Griffin v. Wickes Lumber Co., 2002-0294 (La. App. 1 Cir. 12/20/02), 840 So. 2d 591, writ denied, 2003-1338 (La. 9/19/03), 853 So. 2d 640, and Waste Management's statutory employer status, La. R.S. 23:1061 A(2), Maddox v. Superior Steel, 2000-1539 (La. App. 1 Cir. 9/28/01), 814 So. 2d 569. In support, they attached the affidavit of Danny Parker, a supervisor with Waste Management. He averred:
! McGinnis was employed by Labor Finders and was performing work as a garbage collector for Waste Management pursuant to their contract;
! Parker was McGinnis's supervisor on the job ; ! Labor Finders had no supervisor for McGinnis at Waste Management or on the garbage truck;
! Labor Finders was responsible for paying McGinnis according to his hours worked at Waste Management;
! Waste Management had the right to discontinue using McGinnis as a worker, at its sole discretion; and
! Waste Management provided the tools
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