Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Authority

814 So. 2d 644, 2000 La.App. 4 Cir. 1552, 2002 La. App. LEXIS 1405, 2002 WL 971670
CourtLouisiana Court of Appeal
DecidedMarch 20, 2002
DocketNo. 2000-CA-1552
StatusPublished
Cited by1 cases

This text of 814 So. 2d 644 (Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Authority) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Authority, 814 So. 2d 644, 2000 La.App. 4 Cir. 1552, 2002 La. App. LEXIS 1405, 2002 WL 971670 (La. Ct. App. 2002).

Opinions

hLOVE, Judge.

The plaintiff, Ms. Louise Allen appeals the judgment of the trial court, granting a Motion for Summary Judgment in favor of the defendant, the Ernest N. Morial Convention Center. We reverse the trial court judgment and find that the defendant may not assert the “two-contract” theory of defense because the contractual agreements do not satisfy the temporal requirement necessary to raise this defense.1

FACTS AND PROCEDURAL HISTORY

ACE Hardware Stores (“ACE”) contracted with the Ernest N. Morial Convention Center (“Convention Center”) to provide a venue for the ACE Hardware Annual Fall National Show. The Convention Center contracted with Aramark to provide refreshments and support staff for the show. Ms. Louise Allen (“Ms. Allen”) was an employee of Aramark. Ms. Allen filed the present | Jawsuit for damages after allegedly sustaining injuries on the premises of the Convention Center while in the course and scope of employment with Aramark. She alleges that she was injured when she tripped at the entrance of an elevator, as a result of an unevenness between the floor of the building and the elevator.

The Convention Center alleges that, pursuant to the “two-contract” theory of defense, Ms. Allen’s exclusive remedy against it is worker’s compensation, because she was in the course and scope of her employment. Conversely, Ms. Allen argues that although she was in the course and scope of employment at the time of the injury, the Convention Center is barred from raising the “two-contract” theory of defense because it does not satisfy the temporal requirement necessary to raise this defense.

Standard of Review

Summary judgments are reviewed on appeal de novo. Migliori v. Willows [646]*646Apartments, 98-1814 (La.App. 4 Cir. 2/3/99), 727 So.2d 1258; Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730. A motion for summary judgment which shows that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law shall be granted. La. C.C.P. art. 966(1).

Discussion

The sole issue for this court to determine is whether the Convention Center may raise the “two-contract” theory of defense to oppose Ms. Allen’s lawsuit.

| ¡¡Ordinarily, an employee may not sue his employer in tort for accidental injuries sustained while on the job. See La. R.S. 23:1032; Roberts v. Orpheum, 610 So.2d 1097 (La.App. 4 Cir.1992); Haley v. Calcasieu Parish Sch. Bd., 99-883 (La.App. 3 Cir. 12/8/99), 753 So.2d 882, 888, writ denied, 2000-0054 (La.2/24/00), 755 So.2d 242. The employee is limited to relief in the form of worker’s compensation. See Orpheum, 610 So.2d 1097. In providing tort immunity against an injured employee’s claim, Louisiana Revised Statute 23:1032(A)(l)(b) envelopes a broad class of potential defendants. Specifically, it provides that worker’s compensation is the exclusive remedy for all claims against:

.... [the employee’s] employer, or any principal or any officer, director, stockholder, partner, or employee of such employer or principal under any dual capacity theory or doctrine.

La. R.S. 23:1032(A)(l)(b). [Emphasis added]. A “principal” is defined by La. R.S. 23:1032(2) as:

-any person who undertakes to execute any work which is part of his trade, business or occupation in which he was engaged at the time of injury, or which he had contracted to perform and contracts with any person for the execution thereof.

The foregoing provisions manifest an intent by the legislature that a principal is immune from tort but liable in worker’s compensation, anytime the principal contracts to do any work, irrespective of whether it is a part of the principal’s trade, business or occupation, and then contracts with another party for the performance of the work. Vickers v. Cajun Concrete Services, Inc., 93-1537 (La.App. 4 Cir. 3/15/94), 634 So.2d 68. This immunity is to be extended to all principals; however far removed from the direct employer of the injured worker, who contracted to perform the work in which the injured party is engaged at the |4time of injury. Crochet v. Westminster City Center Properties, 572 So.2d 720, 723 (La.App. 4 Cir.1990). The aforementioned concept has been described as the “two-contract” theory of defense. Pursuant to the “two-contract” theory of defense, a general contractor is exempt from tort liability to a subcontractor’s employee if the general contractor subcontracts for the performance of all or part of the general contract. Taylor v. Broadmoor Corp., 623 So.2d 674 (La.App. 4 Cir.1993). Thus, the “two-contract” theory of defense contemplates relationships among at least three entities: a general contractor who has been hired by a third party to perform a specific task; a subcontractor hired by that general contractor; and an employee of the subcontractor. Freeman v. Moss Well Service, Inc., 614 So.2d 784 (La.App. 2 Cir.1993); Legros v. Norcen Exploration, Inc., 583 So.2d 859 (La.App. 1 Cir. 1991). This provided, we must now determine whether the Convention Center, as a the general contractor that subcontracted with Aramark, may assert the “two-contract” theory of defense as a means to escape tort liability. To prevail on summary judgment, the party asserting the two-contract defense must provide evidence of a contractual relationship that fits the two-contract situation, i.e., where the principal has contracted to do work and [647]*647then contracts with another to do all or part of that work. See Duvalle v. Lake Kenilworth, Inc., 396 So.2d 1268 (La.1981); Meche v. Washington Life Ins. Co. of America, Inc., 578 So.2d 239 (La.App. 3 Cir.1991). Specifically, in order to raise this defense, the Convention Center must establish the requirements as set forth in Black v. McDermott Intern. Inc., 96-2062 (La.App. 4 Cir. 4/2/97), 692 So.2d 724. In Black, supra, the court held that the defendant must show that: •

|s(l) the defendant entered into a contract with a third party; (2) pursuant to that contract, work must be performed; and (3) in order for defendant to fulfill its contractual obligation to perform the work, defendant entered into a subcontract for all or part of the work performed.

An additional requirement imposed, is that the general contractor/principal must prove that.he entered into a general contract to do certain work prior to entering into his contract with the plaintiffs employer to perform a part of that work. Id.; See Crochet, 572 So.2d 720 at 723. This has been referred to as the “temporal requirement.” See Peterson v. BE & K Inc. of Alabama, 94-0005 (La.App. 1 Cir. 3/3/95), 652 So.2d 617.

Ms. Allen argues that the Convention Center cannot avail itself of the “two-contract” theory of defense because the contractual agreements do not satisfy the temporal requirement. Ms. Allen alleges that ACE contracted with the Convention Center on July 7, 1994; however, the Convention Center sub-contracted with Ara-mark prior to this date, on October 13, 1989. Thus, contrary to the requirement of Crochet, the Convention Center subcontracted work to Aramark before ACE had even hired the Convention Center for the job.

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Related

Allen v. EXHIBITION HALL AUTHORITY
842 So. 2d 373 (Supreme Court of Louisiana, 2003)

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Bluebook (online)
814 So. 2d 644, 2000 La.App. 4 Cir. 1552, 2002 La. App. LEXIS 1405, 2002 WL 971670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-ex-rel-ernest-n-morial-new-orleans-exhibition-hall-lactapp-2002.