170 So. 3d 173
La. Ct. App.2015Background
- On Feb 13, 2005 Joy Smith slipped and fell in a hospital corridor at Northshore Regional Medical Center (NRMC), injuring her knee, hip, and back.
- Smith alleged she fell in a puddle of water where an HHS employee had been using a buffing/mopping machine; she later amended to add Hospital Housekeeping Systems, LLC (HHS) as a defendant.
- NRMC had a contract with HHS assigning daily cleaning and floor care of public areas (including corridors) to HHS; HHS hired and supervised its own employees and performed scheduled floor maintenance.
- Witnesses (Smith, her companion Bester, and an NRMC orderly) testified the floor was wet, no warning sign was present, and an HHS employee (Philip Stevens) was operating floor-care equipment near where Smith fell.
- NRMC moved for summary judgment, arguing it was not liable for torts of an independent contractor (HHS); Smith and HHS opposed, arguing disputed facts about NRMC’s control over HHS.
- The trial court granted NRMC’s summary judgment; on de novo review the appellate court affirmed, finding HHS was an independent contractor and no genuine issue of material fact showing NRMC’s negligence or control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NRMC can be liable for Smith’s slip-and-fall when an independent contractor’s employee caused the condition | Smith: NRMC may still be liable because it exercised sufficient control over HHS and/or acted negligently itself | NRMC: HHS was an independent contractor responsible for floor care, so NRMC is not vicariously liable | Held: NRMC not liable; evidence shows independent-contractor relationship and no causal negligence by NRMC |
| Whether contract provisions and supervisory interactions negate independent-contractor status | Smith: Contract terms (rules compliance, orientation, performance reviews, scheduled floor care) and daily interaction indicate control | NRMC: Those provisions and supervisory contact were limited to management-level oversight; HHS controlled hiring, methods, and discipline | Held: Contract and testimony do not show the requisite control to convert relationship to employer-employee |
| Burden of proof in hospital slip-and-fall summary judgment | Smith: Court should consider factual disputes on causation and NRMC’s potential liability | NRMC: As movant, proved lack of negligence by showing HHS responsibility for floors and evidence tying the water to HHS employee | Held: Under summary judgment standard NRMC met its burden; Smith’s evidence did not create a genuine issue of material fact |
| Whether the source of the water was disputed enough to preclude summary judgment | Smith: Source disputed; uncertainty precludes summary judgment | NRMC: Testimony and documentation tie the water to HHS employee Stevens | Held: Witness testimony established HHS employee activity caused the water; no genuine dispute sufficient to defeat summary judgment |
Key Cases Cited
- Smith v. Zellerbach, 486 So.2d 798 (La. App. 1 Cir. 1986) (principal not generally liable for torts of independent contractor)
- Tower Credit, Inc. v. Carpenter, 825 So.2d 1125 (La. 2002) (factors for determining independent-contractor relationship)
- Hulbert v. Democratic State Central Committee of Louisiana, 68 So.3d 667 (La. App. 1 Cir. 2011) (focus on right to control in employer/independent-contractor analysis)
- Terrance v. Baton Rouge General Medical Center, 39 So.3d 842 (La. App. 1 Cir. 2010) (hospital duty to exercise reasonable care; burden-shifting in slip-and-fall cases)
- Roca v. Security National Properties-Louisiana Limited Partnership, 102 So.3d 778 (La. App. 1 Cir. 2012) (summary judgment where owner contracted out maintenance of common areas)