Jones v. Airport Systems Intern.

671 So. 2d 1176, 1996 La. App. LEXIS 588, 1996 WL 148452
CourtLouisiana Court of Appeal
DecidedApril 3, 1996
Docket28,278-CA
StatusPublished
Cited by7 cases

This text of 671 So. 2d 1176 (Jones v. Airport Systems Intern.) 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
Jones v. Airport Systems Intern., 671 So. 2d 1176, 1996 La. App. LEXIS 588, 1996 WL 148452 (La. Ct. App. 1996).

Opinion

671 So.2d 1176 (1996)

Justin JONES, Plaintiff-Appellant,
v.
AIRPORT SYSTEMS INTERNATIONAL, Defendants-Appellees.

No. 28,278-CA.

Court of Appeal of Louisiana, Second Circuit.

April 3, 1996.

*1177 Theus, Grisham, Davis & Leigh by J. Michael Hart, Monroe, for Plaintiff-Appellant.

"Davenport, Files & Kelly by Ramsey L. Ogg, Monroe, for Defendant-Appellee, New Orleans Internat'l Airport.

Walker, Passman & Michiels by Kay Michiels, Alexandria, for Defendant-Appellee, United Airlines.

Before NORRIS, BROWN and STEWART, JJ.

NORRIS, Judge.

The compensation claimant, Justin Jones Sr., appeals a summary judgment order declaring that two defendants, The New Orleans International Airport ("NOIA")[1] and United Airlines ("United"), are not his principal employers under La.R.S. 23:1061 A and thus not liable for his weekly and medical benefits. We affirm.

Factual and procedural background

In 1990 the City of New Orleans decided to renovate Concourse "C" of its airport and awarded the contract for this work to Grimaldi Construction Co. for $10.6 million. According to the summary judgment evidence on file, the work that gave rise to this controversy—removing a passenger bridge at Gate 12C, refurbishing it and reinstalling it after the concourse renovations were complete— was not included in the contract. Because Gate 12C was used by United, NOIA allowed United to perform this project instead of amending its contract with Grimaldi.

Airport Systems International ("ASI") was a small company in Monroe that provided *1178 services to airports and airlines on passenger loading bridges and conveyor systems. ASI also had an office near NOIA and was available to do emergency repairs and maintenance work for United.[2] As of February 26, 1992, however, ASI had no contract with either United or NOIA to perform any work. Nevertheless, ASI's president, Richard Telford, became aware at some point that one of the passenger bridges would have to be removed from Gate 12C, taken to the shop, refurbished and installed at a new location in the renovated concourse. He also knew that the Gate 12C bridge was virtually out of service, the gate itself being used only to park a plane overnight. Mr. Telford decided to do some "experimental painting" on the bridge, instructing his employees to sandblast it and try various paints in patches on the raw surface. He wanted to determine which one performed best in a tropical climate, as he hoped to do jobs at NOIA and elsewhere.

Before he began the experimental painting, Mr. Telford got permission from NOIA's assistant director of planning, George Groh, who agreed to let him do it as long as NOIA was not charged for it. Mr. Telford stated in deposition that he also cleared the experimental painting with United's station manager.

The plaintiff, Justin Jones Sr., was a welder for ASI. Sandblasting the Gate 12C bridge for the experimental painting project on February 26, 1992, he attempted to move a piece of equipment and allegedly injured his back. He reported the accident to Mr. Telford the next day and filed the instant comp claim against ASI in May 1992.

ASI submitted a bid and ultimately received the contract from United to refurbish the Gate 12C bridge; this was signed in May 1992. The contract required, among other things, that the exterior of the passenger bridge be completely sandblasted and repainted with three specific coats. ASI was paid for this work, but received no extra remuneration for the experimental painting it had performed in February.

Several months after Jones filed this claim against ASI, Mr. Telford learned that his compensation carrier (Presidential Fire & Casualty Co.) had gone bankrupt. Jones joined United and NOIA as defendants by supplemental and amending complaints in February 1993 and February 1994 respectively.[3]

Early in the proceedings Jones filed a motion for summary judgment, seeking to be declared a statutory employee of United's, and United filed a contrary motion for summary judgment, seeking to have him declared not a statutory employee. In March 1994 the hearing officer dismissed both motions, citing an abundance of genuine issues of material fact.

In July 1994 NOIA and United both filed motions for summary judgment, seeking a declaration that they were not Jones's principal employers, or that Jones was not their statutory employee. Jones formally opposed these motions. The matter was submitted to the hearing officer in March 1995. In support of its motion, NOIA filed copies of its accounting records and ASI's billing documents from late 1991 and early 1992; affidavits of Mr. Groh, NOIA's Assistant Director of Planning and Development, and of Calvin Aguillard, head of purchasing; and the deposition of Mr. Telford, ASI's president. In support of its motion, United filed depositions of Mr. Telford and of Harold T. Jeter, United's General Manager of Customer Services at NOIA. In opposition to the motion Jones filed the Grimaldi contract and portions of Mr. Telford's deposition. Jones also filed copies of discovery requests in which Jones sought from NOIA copies of any additional contracts between NOIA and United *1179 Airlines, together with NOIA's responses that there were none.

While the hearing officer's decision was pending, the Louisiana Insurance Guaranty Association filed an answer on behalf of ASI's defunct compensation carrier, Presidential Fire & Casualty.[4]

The hearing officer granted NOIA's and United's motions for summary judgment by order dated May 30, 1995. Jones has appealed this order.

Applicable law

The motion for summary judgment is a procedural device to avoid a full-scale trial when there is no genuine factual dispute. Kay v. Carter, 243 La. 1095, 150 So.2d 27 (1963); Ouachita Nat'l Bank in Monroe v. Gulf States Land & Dev. Inc., 579 So.2d 1115 (La.App.2d Cir.), writ denied 587 So.2d 695 (La.1991). The motion should be granted if, and only if, the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La.C.C.P. art. 966; Thornhill v. Black, Sivalls & Bryson Inc., 394 So.2d 1189 (La.1981). In determining whether all material issues have in fact been resolved, the court should extend all reasonable doubt against the granting of the summary judgment and in favor of a trial on the merits. Penalber v. Blount, 550 So.2d 577 (La.1989).

The mover bears the burden of establishing that there are no genuine issues of material fact. A fact is material if its existence or nonexistence may be essential to the plaintiff's cause of action under the applicable theory of recovery. Facts are material if they potentially assure or preclude recovery, affect a litigant's ultimate success, or determine the outcome of the legal dispute. Penalber v. Blount, supra; Kirkland v. Riverwood Int'l USA, 26, 741 (La.App.2d Cir. 6/21/95), 658 So.2d 715, writ granted 95-1830 (La. 11/3/95), 661 So.2d 1370. Materiality is also a relative concept defined and circumscribed by the substantive law applicable to the case. Kirkland v. Riverwood, supra.

Appellate courts review summary judgments de novo, using the same criteria applied by the hearing officer in determining whether summary judgment is proper. Tugwell v. State Farm Ins. Co., 609 So.2d 195 (La.1992).

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Bluebook (online)
671 So. 2d 1176, 1996 La. App. LEXIS 588, 1996 WL 148452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-airport-systems-intern-lactapp-1996.