121 So. 3d 275
Miss. Ct. App.2013Background
- Kelly Services is a nationwide temp agency that supplied Montgomery to Faurecia to perform forklift duties at Faurecia’s plant under Faurecia’s direction.
- On Oct. 17, 2007, Montgomery operated a forklift at the Faurecia plant; a load became unstable and fell, injuring an employee (Baldwin) though the record is unclear about exact injuries.
- Baldwins collected workers’ compensation from Faurecia and then sued Kelly Services and Montgomery, alleging negligence and vicarious liability under the doctrine of respondeat superior.
- Kelly Services and Montgomery moved for summary judgment, arguing Baldwin’s exclusive remedy for work-related injury was workers’ compensation; the court granted the motion on May 3, 2012.
- The circuit court found Montgomery a borrowed servant at the time of the incident, limiting Baldwin’s remedy to workers’ compensation and denying Kay Baldwin’s loss-of-consortium claim.
- On appeal, the Baldwins contest whether there were genuine issues of material fact about Montgomery’s status as borrowed servant or dual employee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Montgomery was a borrowed servant or dual employee at Faurecia | Baldwins: no contract; Faurecia lacked control; Kelly Services retained hiring power; no dual-employment status. | Montgomery was controlled by Faurecia in day-to-day work; Faurecia directed tasks; thus a borrowed servant. | Montgomery was a borrowed servant. |
| Whether summary judgment was proper given genuine issues of material fact | There are genuine issues about control and employment status requiring trial. | Record shows Faurecia controlled the work and Montgomery’s placement; no triable issue exists. | Summary judgment proper; no genuine issue. |
Key Cases Cited
- Gorton v. Rance, 52 So.3d 351 (Miss. 2011) (defines borrowed-servant doctrine and criteria)
- Jones v. James Reeves Contractors, Inc., 701 So.2d 774 (Miss. 1997) (establishes test for borrowed servant status)
- N. Elec. Co. v. Phillips, 660 So.2d 1278 (Miss. 1995) (temp agency worker treated as employee of second employer when appropriate)
- Liberty Mut. Ins. Co. v. Shoemake, 111 So.3d 1207 (Miss. 2013) (standard for reviewing summary judgment)
- Entergy Miss., Inc. v. Burdette Gin Co., 726 So.2d 1202 (Miss. 1998) (summary judgment framework in Mississippi)