142 So. 3d 217
La. Ct. App.2014Background
- McGlothurn, employed by Pinkerton, worked as a security guard supervisor at Northrop Grumman's Avondale Shipyard.
- On June 30, 2010, her security truck was struck by a forklift driven by Northrop Grumman employee Jefferson Wade.
- She filed suit for personal injuries against Northrop Grumman, National Union, and Wade, asserting respondeat superior.
- Northrop Grumman and National Union moved for summary judgment, arguing she was Northrop Grumman's borrowed servant and immune from tort liability.
- The trial court granted summary judgment; the appellate court conducted de novo review and affirmed, holding she was Northrop Grumman's borrowed servant; Chehardy, J., dissented.
- Key issue is whether the borrowed-servant doctrine applies given the Pinkerton–Northrop Grumman contract and control dynamics.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McGlothurn was a borrowed servant under Ruiz factors | McGlothurn argues Ruiz factors show dispute; Musa distinction ignored | Northrop Grumman contends majority Ruiz factors establish borrowed servant status | Borrowed servant established; judgment affirmed |
| Whether the Pinkerton–Northrop Grumman contract defeats borrowed-servant status | Contract terms show independent contractor status | Totality of factors controls; contract not dispositive | Contract did not defeat borrowed-servant status; court held status remained Borrowed Servant |
Key Cases Cited
- Musa v. Litton-Avondale Indus., Inc., 63 So.3d 243 (La.App. 5 Cir. 2011) (borrowed servant factors applied; totality governs)
- Ruiz v. Shell Oil Co., 413 F.2d 310 (5th Cir. 1969) ( Ruiz factors guide borrowed servant inquiry)
- Griffin v. Wickes Lumber Co., 840 So.2d 591 (La.App. 1 Cir. 2002) (early borrowed servant considerations)