HAYES v. LOGISTICARE SOLUTIONS
2021 OK CIV APP 38
| Okla. Civ. App. | 2021Background
- LogistiCare Solutions (LogistiCare) held a state contract to administer Oklahoma Medicaid's non‑emergency transport program (SoonerRide) and subcontracted local providers, including Morgan 24 Hour Medical Escort (Morgan Medical).
- On Feb. 24, 2018, Morgan Medical driver Nicholas Decamp allegedly transported Shannon Moyer without securing her wheelchair restraints; after a sudden brake she fell, fractured her leg, and died 30 days later from medical complications.
- Jerry Hayes, special administrator of Moyer's estate, sued Decamp, Morgan Medical, and LogistiCare alleging three alternative theories against LogistiCare: agency (vicarious liability), negligent hiring, and that the work was inherently dangerous (liability despite independent contractor status).
- At summary judgment the trial court granted LogistiCare's motion, finding Morgan Medical was an independent contractor (not an agent) and that transport was not inherently dangerous as a matter of law.
- On appeal the Court of Civil Appeals affirmed the no‑agency ruling (LogistiCare lacked the requisite day‑to‑day control) but reversed and remanded on the inherently dangerous theory, holding the trial court misstated the issue and failed to consider whether omission of safety precautions creates a peculiar risk of harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morgan Medical was LogistiCare's agent (vicarious liability) | LogistiCare exercised sufficient control over Morgan Medical to create agency | Contract expressly designates independent contractor status; LogistiCare lacked daily operational control | Affirmed: No agency; material facts do not show LogistiCare's right to control day‑to‑day operations |
| Whether detailed contract/safety provisions create agency despite independent‑contractor clause | Detailed, prescriptive contract terms and safety rules indicate control | Contract provisions reflect regulatory/state requirements, not supervisory control over daily operations | Held for defendant: Detailed contract alone does not create agency absent actual control |
| Whether transport of Medicaid wheelchair patients without restraints is "inherently dangerous" so principal remains liable | Transport that creates a peculiar risk if special precautions (seatbelts) are omitted is inherently dangerous; LogistiCare should anticipate and guard against that risk | Transporting Medicaid patients generally is not inherently dangerous; LogistiCare not causally responsible for contractor's omission | Reversed and remanded: Trial court misframed the inquiry; court must consider whether omission of precautions creates a peculiar, foreseeable risk making the work inherently dangerous |
Key Cases Cited
- Hudgens v. Cook Industries, 521 P.2d 813 (defines inherently dangerous work to include activities that will cause injury in ordinary course if special precautions are omitted)
- Bouzidan v. Alfalfa Electric Cooperative, 16 P.3d 450 (employer cannot avoid liability for inherently dangerous work by delegating to independent contractor)
- Le v. Total Quality Logistics, 431 P.3d 366 (general rule that principals are not liable for independent contractors' negligence)
- Keel v. Titan Construction Corp., 639 P.2d 1228 (when agency facts are undisputed, existence of agency is a question of law)
- Enterprise Management Consultants v. State ex rel. Oklahoma Tax Commission, 768 P.2d 359 (determine status by contract intent and parties' actual conduct)