HAYES v. LOGISTICARE SOLUTIONS
2021 OK CIV APP 38
| Okla. Civ. App. | 2021Background
- Oklahoma Health Care Authority contracted LogistiCare to administer SoonerRide, the non‑emergency Medicaid transportation program; LogistiCare subcontracted rides to local providers, including Morgan 24 Hour Medical Escort, LLC (Morgan Medical).
- On Feb. 24, 2018, Shannon Moyer was transported by Morgan Medical driver Nicholas Decamp; Decamp allegedly failed to secure her wheelchair with a seatbelt, braked suddenly, and Moyer fell and broke her leg; she died 30 days later.
- Jerry Hayes, as Special Administrator of Moyer's estate, sued Decamp, Morgan Medical, and LogistiCare for wrongful death, asserting three alternative theories against LogistiCare: agency, negligent hiring, and inherently dangerous work.
- At summary judgment, Hayes argued Morgan Medical was LogistiCare's agent because LogistiCare exercised significant contractual control; LogistiCare argued the contract expressly created an independent‑contractor relationship and it lacked day‑to‑day control.
- The trial court granted summary judgment for LogistiCare on agency and on the inherently dangerous theory; on appeal, the Court of Civil Appeals reviewed agency de novo, affirmed that Morgan Medical was not LogistiCare's agent, but found error in dismissing the inherently dangerous theory and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morgan Medical was LogistiCare's agent | Morgan Medical was subject to significant contractual control by LogistiCare, creating an agency relationship | Contract expressly declares independent‑contractor status; LogistiCare lacked control over daily operations (hiring, routes, drivers) | Affirmed: No agency as a matter of law; contract details and actual control did not show principal's right to control |
| Whether work was inherently dangerous such that LogistiCare is liable despite independent‑contractor status | Transporting wheelchair patients without required seatbelt precautions creates a peculiar risk that makes the work inherently dangerous | Transporting Medicaid patients to appointments is not inherently dangerous as a categorical matter | Reversed and remanded: Trial court erred by only asking whether transporting Medicaid patients generally is inherently dangerous; court must consider whether omission of specific precautions creates an inherently dangerous risk |
Key Cases Cited
- Le v. Total Quality Logistics, LLC, 431 P.3d 366 (Okla. Civ. App. 2018) (independent‑contractor rule limits principal liability for contractor negligence)
- C.H. Stuart, Inc. v. Bennett, 617 P.2d 879 (Okla. 1980) (principals ordinarily bound by acts of their agents)
- McGee v. Alexander, 37 P.3d 800 (Okla. 2001) (agency exists where one party agrees to act for another)
- Murray County v. Homesales, Inc., 330 P.3d 519 (Okla. 2014) (essential factor is principal's right to control conduct of alleged agent)
- Hudgens v. Cook Industries, Inc., 521 P.2d 813 (Okla. 1973) (inherently dangerous doctrine includes work that poses injury risk if special precautions are omitted)
- Bouzidan v. Alfalfa Elec. Cooperative, Inc., 16 P.3d 450 (Okla. 2000) (employer liable for inherently dangerous work even when performed by independent contractor)