Joe Patton Rogers v. Bradley Dean Hadju
W2016-00850-COA-R3-CV
| Tenn. Ct. App. | Mar 22, 2017Background
- Ford Construction contracted with TDOT for highway work and subcontracted portions to Traf-Mark, which subcontracted to Kerr Brothers, which subcontracted to RDH Contracting (Randy Hodges); Hajdu was employed by RDH.
- On Dec. 19, 2013, Hajdu, backing an RDH-owned truck, struck and permanently injured Ford employee Joe Rogers working in a cordoned area.
- Rogers and his wife sued Traf-Mark, Kerr Brothers, RDH Contracting, and Hajdu alleging Hajdu’s negligence and vicarious liability of higher-tier contractors.
- Appellees (Traf-Mark and Kerr Brothers) moved for summary judgment, submitting affidavits and contracts showing payment and supervision chains and asserting RDH and Hajdu were independent contractors.
- Appellants relied on contract provisions they argued showed control and termination rights, but submitted no affidavits or contrary evidence at summary judgment.
- The trial court granted summary judgment for Appellees, concluding RDH and its employees were independent contractors; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hajdu/RDH were agents/employees of Traf-Mark/Kerr (vicarious liability) | Contract terms (scheduling, supervision, termination language) show control and create genuine fact issue on employment status | Uncontroverted affidavits and contracts show RDH paid its employees, controlled means/methods, and was an independent contractor | Court affirmed: RDH and Hajdu were independent contractors; no vicarious liability |
Key Cases Cited
- Zimmerman v. Elm Hill Marina, 839 S.W.2d 760 (Tenn. Ct. App. 1992) (summary judgment affirmed where moving party’s affidavits showed independent-contractor relationship and plaintiff relied only on contract)
- Federal Ins. Co. v. Winters, 354 S.W.3d 287 (Tenn. 2011) (distinguishes contractual non-delegable duties from respondeat superior in negligence claims)
- Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) (moving party without trial burden can shift burden by negating essential element or showing nonmovant’s evidence insufficient)
- Abshure v. Methodist Healthcare-Memphis Hosps., 325 S.W.3d 98 (Tenn. 2010) (standard of appellate review for summary judgment is de novo)
- Goodale v. Langenberg, 243 S.W.3d 575 (Tenn. Ct. App. 2007) (list of factors for employee vs. independent-contractor status; right-to-control is primary)