224 So. 3d 1130
La. Ct. App.2017Background
- On Jan. 29, 2013, taxi driven by Gary Dick collided with another vehicle; Raynetta Franklin (passenger) was injured and required surgery.
- Dick leased the taxi daily from Kenneth Crawford/Ace Cab (Yellow Checker) for $85 per day and retained all fare revenue; Crawford/Cab received the flat $85 regardless of fares.
- Dick used Crawford’s dispatch service for some fares but also had independent clients and could be contacted directly; he set his own hours and could choose not to work.
- Franklin sued Dick, Crawford, Ace Cab (Yellow Checker), and insurer; Crawford and Ace Cab moved for partial summary judgment arguing Dick was an independent contractor, not an employee.
- Trial court granted partial summary judgment dismissing claims against Crawford/Ace Cab; Franklin appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crawford/Ace Cab are vicariously liable under La. C.C. art. 2320 (employee vs. independent contractor) | Franklin: Crawford/Cab exercised sufficient control over Dick’s work to create employer-employee relationship | Crawford/Ace Cab: Dick was an independent contractor — leased cab, kept fares, controlled hours/methods, could be excluded but not "fired" | Court: No genuine issue of material fact; Dick was an independent contractor, so Crawford/Ace Cab not vicariously liable |
| Whether factual disputes precluded summary judgment | Franklin: Legal consequence of interactions creates a fact issue as to control | Crawford: Facts are undisputed; legal conclusion favors independent-contractor status | Court: Facts undisputed; question is legal, summary judgment appropriate |
Key Cases Cited
- Richard v. Hall, 874 So.2d 131 (La. 2004) (standards for appellate review of summary judgment)
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (view evidence in light most favorable to nonmoving party; summary-judgment role)
- Hickman v. Southern Pac. Transport Co., 262 So.2d 385 (La. 1972) (factors and centrality of control in employee vs. independent-contractor analysis)
- Capital One Bank (USA) NA v. Thompson, 115 So.3d 704 (La. App. 2 Cir. 2013) (summary-judgment standards)
- Franklin v. Checker Cab Co., 572 So.2d 773 (La. App. 4 Cir. 1990) (similar taxi-lease arrangement held to create independent-contractor relationship)