195 So. 3d 89
La. Ct. App.2016Background
- On Jan. 19, 2012 a Robinson R44 helicopter crashed on Belle Isle, killing pilot Jason McKean and passenger Lanny Ledet. Ledet was a ranch manager employed by Golden Ranch; Belle Isle is owned by Chester Morrison (Chet Morrison entity).
- McKean was chief pilot and a salaried employee of Chet Morrison but also worked as a contract/occasional pilot for other entities and for personal flights. He was not scheduled to fly for Chet Morrison that day.
- The planned trip was to an alligator cooperative meeting in Plaquemine; Mr. Cenac fell ill and Ledet and McKean proceeded. The flight ended up over Belle Isle for unexplained reasons.
- Plaintiff (Ledet’s former wife, tutrix of his son) sued multiple defendants asserting vicarious liability of Chet Morrison under respondeat superior for McKean’s alleged negligence. Plaintiff settled some defendants; appeal concerns summary judgment dismissal of Chet Morrison.
- Chet Morrison moved for summary judgment arguing McKean was not acting in the course and scope of employment: no authorization, no payment, no scheduling, and company representatives had no knowledge of the flight. Plaintiff relied on circumstantial evidence (e.g., crash on company property, McKean’s salaried status, past flights to Belle Isle) to argue a factual dispute.
- Trial court granted summary judgment for Chet Morrison; the appellate court affirmed, finding circumstantial evidence did not exclude other reasonable hypotheses that the flight was personal or for non-Chet Morrison business.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McKean was acting in the course and scope of employment at crash time | Circumstantial evidence (crash on Morrison property; McKean salaried; prior flights to Belle Isle; company helicopter use) supports inference he was flying for Chet Morrison | No authorization or communication from Chet Morrison; no payment/billing; McKean not scheduled; he commonly flew for other businesses or personal reasons | Held: McKean was not shown to be acting in course and scope; summary judgment for Chet Morrison affirmed |
| Whether circumstantial evidence created a genuine issue of material fact | Ledet: circumstantial evidence can suffice to show employer-purpose activation | Chet Morrison: circumstantial evidence here allows other reasonable hypotheses (personal/other-business use) | Held: Circumstantial evidence did not exclude every other reasonable hypothesis; insufficient to defeat summary judgment |
Key Cases Cited
- Timmons v. Silman, 761 So.2d 507 (La. 2000) (defines course and scope test for respondeat superior)
- Orgeron v. McDonald, 639 So.2d 224 (La. 1994) (employee action must be activated at least in part to serve employer)
- Richard v. Hall, 874 So.2d 131 (La. 2004) (distinguishes course of employment — time/place — and scope — employment-related risk)
- Rando v. Anco Insulations, Inc., 16 So.3d 1065 (La. 2009) (circumstantial evidence must exclude other reasonable hypotheses with fair certainty)
- Cangelosi v. Our Lady of the Lake Reg’l Med. Ctr., 564 So.2d 654 (La. 1990) (defines circumstantial evidence and inference standards)