Candler v. Henderson

128 So. 3d 587, 2013 WL 6087715, 2013 La. App. LEXIS 2368
CourtLouisiana Court of Appeal
DecidedNovember 20, 2013
DocketNo. 48,441-CA
StatusPublished
Cited by3 cases

This text of 128 So. 3d 587 (Candler v. Henderson) 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
Candler v. Henderson, 128 So. 3d 587, 2013 WL 6087715, 2013 La. App. LEXIS 2368 (La. Ct. App. 2013).

Opinion

WILLIAMS, J.

|,The plaintiffs, Naomi Candler, R. Gean Bennett and Charles G. Shyne, and the defendants, Sehlumberger Technology Company, Christopher Henderson and Travelers Property Casualty Company of America, appeal a judgment granting summary judgment in favor of the defendant, Brookshire Grocery Company, and denying their motion for partial summary judgment. The district court found that Brookshire was not vicariously liable for the negligence of its employee in causing the automobile accident. For the following reasons, we affirm in part, reverse in part and remand for further proceedings.

FACTS

In October 2007, Naomi Candler, R. Gean Bennett and Charles G. Shyne were involved in an automobile accident while driving westbound on Interstate 20 in Bossier Parish. Candler, Bennett and Shyne were seriously injured when an eastbound vehicle driven by Teresa Moseley crossed the median into oncoming traffic and collided with their vehicle. Moseley later stated that she lost control of her vehicle after she turned sharply to avoid a Sehlumberger truck, driven by Christopher Henderson, that crossed in front of her on the Interstate. At the time of the accident, Moseley was driving to Monroe to attend a work-related meeting as part of her job duties for Brookshire Grocery Company (“Brookshire”). Moseley resided in Haughton and worked at the Brook-shire store in Homer, Louisiana. Both of these locations are to the east of the accident site. Moseley had spent the previous night staying with her ill father at his house in Shreveport, which is west of the accident site. On the morning of the collision, Moseley departed 1 ¡¡from her father’s house to drive to Monroe via the Interstate.

Subsequently, the plaintiffs, Naomi Candler, R. Gean Bennett and Charles G. Shyne, filed a petition for damages against the defendants, Sehlumberger Technology Company, Christopher Henderson and their insurer, Travelers Property Casualty Company of America (collectively “Schlum-berger”), Teresa Moseley and her insurer, Progressive Security Insurance Company. The plaintiffs amended their petition to add Brookshire as a party defendant, alleging vicarious liability for the negligence of its employee, Moseley. Sehlumberger then filed a motion for partial summary judgment declaring that Moseley was acting within the course and scope of her employment with Brookshire when the accident occurred. Brookshire opposed the motion and filed a cross-motion for summary judgment declaring that Moseley was not acting within the course and scope of her employment at the time of the accident because her departure from her father’s house was a deviation from her employer’s expectations.

After a hearing, the district court issued a written opinion finding that Brookshire was not vicariously liable for Moseley’s negligence because her act of leaving from her father’s house, rather .than from her own house or her workplace, took her miles away from the departure point expected by her employer and constituted a deviation from Brookshire’s reasonable expectation of its “zone of risk.” The district court rendered judgment granting Brook-shire’s motion for summary judgment, denying Schlumberger’s motion and dismissing plaintiffs’ claims against | ^Brookshire. The court certified the summary judgment in favor of Brookshire as a final appealable judgment under LSA-C.C.P. art. 1915(B). The plaintiffs and Sehlumberger appeal the judgment.

[590]*590DISCUSSION

The plaintiffs and Schlumberger contend the district court erred in granting Brook-shire’s motion for summary judgment. They argue that Brookshire is liable for damages caused by Moseley’s negligence because she was acting within the course and scope of her employment and had not deviated at the time of the accident.

Employers are answerable for the damage caused by their employees in the exercise of the functions in which the worker is employed. LSA-C.C. art. 2320. An employer’s vicarious liability for conduct not his own extends only to the employee’s tortious conduct which occurs within the course and scope of the employment. Orgeron v. McDonald, 93-1353 (La.7/5/94), 639 So.2d 224; Alford v. State Farm Automobile Ins. Co., 31,763 (La. App.2d Cir.5/5/99), 734 So.2d 1253, writs denied, 99-1435, 1595 (La.9/3/99), 747 So.2d 544, 548. In general, an employee is acting within the course and scope of her employment when the conduct is the type she is employed to perform, occurs substantially within the authorized limits of time and space, and is activated at least in part by a purpose to serve the employer. Timmons v. Silman, 99-3264 (La.5/16/00), 761 So.2d 507.

An employer is responsible for the negligent acts of its employee when the conduct is so closely connected in time, place and causation to the employee’s job duties as to constitute a risk of harm attributable to the Lemployer’s business. Orgeron, supra; Alford, supra. Such a connection is established when the employer has reason to expect the employee to undertake the mission and the employee reasonably expected to be compensated for the task. Young v. Mooney, 01-1592 (La. App.3rd Cir.5/1/02), 815 So.2d 1107. A minor deviation from the mission will not remove the employee from the business errand if the deviation is humanly incidental to the employee’s service and does not unreasonably increase the risk of injury. Young, supra. In determining whether the employee’s conduct is employment-related, the court assesses several factors, including the payment of wages by the employer, the employer’s power of control, the employee’s duty to perform the act in question, the time, place and purpose of the act in relation to serving the employer, the relationship between the employee’s act and the employer’s business, the employee’s motivation for performing the act and the employer’s reasonable expectation that the employee would perform the act. Orgeron, supra; Alford, supra.

Summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). The burden of proof remains with the mover. However, if the mover will not bear the burden of proof at trial on the matter before the court, then the mover is not required to negate every essential element of the adverse party’s claim, action or defense; rather, the mover must point out to the court the absence of factual support for one or more elements essential to |fithe adverse party’s claim or defense. If the adverse party fails to produce factual support to show that he will be able to satisfy his evidentiary burden of proof at trial, then there is no genuine issue of material fact. LSA-C.C.P. art. 966(C). Appellate courts review summary judgments de novo, using the same criteria that govern the trial court’s consideration of whether summary judgment is appropriate. Argonaut Great Central Ins. Co. v. Hammett, 44,308 (La.App.2d Cir.6/3/09), 13 So.3d [591]*5911209, writ denied, 2009-1491 (La.10/2/09), 18 So.3d 122.

In the present case, the record contains the deposition testimony of Teresa Moseley, who testified that her job duties as a deli manager at the Brookshire store in Homer included attending out-of-town meetings. Moseley stated that she drove her personal automobile to the work meetings and was paid her hourly rate for the travel time to and from the meeting and paid for mileage based on the distance of that location from the store.

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128 So. 3d 587, 2013 WL 6087715, 2013 La. App. LEXIS 2368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/candler-v-henderson-lactapp-2013.