167 So. 3d 150
La. Ct. App.2014Background
- Lastie, employed by Temps Today, worked for Gretna on summer 2011 projects.
- On Aug. 19, 2011, while in a Gretna van, the vehicle rolled after the driver failed to park, injuring Lastie.
- Lastie sued Cooper, Gretna, Mayor Harris, and insurers on May 14, 2012.
- Gretna and Harris moved for summary judgment Jan. 14, 2014, arguing Lastie was a borrowed employee barred from tort suit.
- Lastie opposed Apr. 9, 2014, contending genuine issues existed; presented additional exhibits.
- Trial court granted summary judgment May 28, 2014, finding borrowed employee status; Lastie appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Lastie a borrowed employee of Gretna at the time of the accident? | Lastie argues genuine issues exist. | Gretna/Harris contend he was borrowed and thus immune. | Yes; court found borrowed employee status. |
| Do Ruiz factors support borrowed employee status? | Evidence insufficient for borrowed status. | Factors cumulatively favor borrowed status. | All factors weigh in favor of borrowed employee status. |
| Does immunity under La. Rev. Stat. 23:1032 bar the tort suit? | Borrowed status would trigger immunity. | Borrowed employee status grants immunity; exclusive remedy is WC benefits. | Immunity applies; summary judgment proper. |
Key Cases Cited
- Ruiz v. Shell Oil Co., 413 F.2d 310 (5th Cir. 1969) (borrowed employee factors used by courts)
- Manning v. Sampson, 50 So.3d 908 (La.App. 5 Cir. 2010) (right of control weighs heavily for borrowed status)
- Sanchez v. Harbor Constr. Co., Inc., 968 So.2d 783 (La.App. 4 Cir. 2007) (application of factors in borrowed employee analysis)
- McGlothurn v. Wade, 142 So.3d 217 (La.App. 5 Cir. 2014) (de novo borrowed-employee determination on appeal)
- Musa v. Litton-Avondale Industries, Inc., 63 So.3d 243 (La.App. 5 Cir. 2011) (borrowed-employee factors; control and duration considerations)