63 So. 3d 243
La. Ct. App.2011Background
- Musa worked as a quality control inspector at Northrop Grumman on a Northrop Grumman site and received supervision from Northrop Grumman, not International Marine.
- International Marine hired Musa as a subcontractor; he used Northrop Grumman tools and safety materials and reported findings to Northrop Grumman supervisors.
- Musa was injured onboard the ARCO vessel in September 1999 when slipping on a ladder; International Marine settled a LHWCA claim for $95,000.
- Musa then sued Northrop Grumman in tort, arguing Northrop Grumman’s negligence caused his injury; Northrop Grumman moved for summary judgment as a borrowed servant.
- The trial court granted summary judgment, and Musa challenged the ruling on summary judgment and discovery grounds; the appellate court affirmed.
- The court applied the Ruiz factors to determine borrowed-employee status and concluded no genuine issues of material fact existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Musa was Northrop Grumman’s borrowed employee. | Musa argues triable facts exist about borrowed-employee status. | Northrop Grumman asserts control over Musa and a borrowed-employee relationship negates tort liability. | Borrowed-employee status found; no genuine material facts disputed. |
| Whether discovery was sufficiently complete before ruling on summary judgment. | Discovery was incomplete; ruling should be deferred. | Trial court had broad discretion; additional discovery was not required to grant summary judgment. | No abuse of discretion; summary judgment affirmed despite incomplete discovery. |
Key Cases Cited
- Ruiz v. Shell Oil Co., 413 F.2d 310 (5th Cir.1969) (criteria for borrowed-servant doctrine; multiple Ruiz factors emphasized)
- Conner v. American Marine Corp., 684 So.2d 550 (La.App. 4th Cir.1996) (borrowing employer control and supervision framework; substance over form)
- Brown v. Union Oil Co. of Cal., 984 F.2d 674 (5th Cir.1993) (contract provisions may be modified by conduct; borrowed status can arise despite such clauses)
- Capps v. N.L. Baroid-NL Indus., 784 F.2d 615 (5th Cir.1986) (eight Ruiz factors; explicit control and payment considerations)
- West v. Kerr-McGee Corp., 765 F.2d 526 (5th Cir.1985) (statutory interpretation of 1984 amendments affecting borrowed-servant immunity)