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Maddox v. Superior Steel9/28/2001
Petitioner, Melvin Russell Maddox, appeals from the granting of a motion for summary judgment that dismissed his tort suit on the grounds that he was a statutory employee of defendant, Superior Steel, Inc. For the following reasons, we affirm.
FACTS
On May 28, 1998, Melvin Russell Maddox, allegedly sustained personal injuries following a fall from a scaffold erected at a construction site located at Redemptorist High School in Baton Rouge, Louisiana. At the time of the accident, Mr. Maddox was employed by Western Staff Services ("Western"), a temporary employment service, and contracted to work for Superior Steel, Inc. ("Superior"). Superior is a steel-fabricating contractor that was subcontracted by Milton J. Womack, Inc. ("Womack"), the general contractor, to perform structural and miscellaneous steel work in connection with the construction of a library and science building at Redemptorist.
Mr. Maddox subsequently filed the instant suit for personal injuries against Superior in the 19th Judicial District Court on April 20, 1999. Superior responded and asserted that Mr. Maddox's exclusive remedy was workers' compensation.
Superior subsequently filed a motion for summary judgment seeking dismissal of Mr. Maddox's suit on the grounds that Superior had tort immunity as the statutory employer of Mr. Maddox. Following a hearing, the district court granted Superior's motion for summary judgment and concluded that La. R.S. 23:1061(A)(2) applied and that Mr. Maddox could not proceed with his claim in tort. From this judgment, Mr. Maddox now appeals.
ASSIGNMENTS OF ERROR
In connection with his appeal in this matter, Mr. Maddox assigns the following errors for review by this court:
1. The Trial Court erred in granting "statutory employer" status to a principal, where the principal employer had not or failed to pay worker's compensation for the employees of a subcontractor.
2. The Trial Court erred in grating "statutory employer" status to a principal, where the principal employer had not or failed to pay worker's compensation for the employee of a subcontractor and there is no contract between the principal and the subcontractor granting the principal "statutory employer" status.
3. Although the Trial Court made no finding on "Borrowed servant" status, "borrowed servant" status does not in any manner affect the "statutory employer" status of a principal pursuant to R.S. 23:1061.
4. Even if the Trial Court without so stating found that "borrowed servant" status had an affect on 23:1061, "borrowed servant" status is a fact sensitive determination, not proper for summary judgment.
DISCUSSION
A motion for summary judgment is a procedural device used to avoid a full- scale trial when there is no genuine factual dispute. Sanders v. Ashland Oil, Inc., 96-1751, p. 5 (La. App. 1 Cir. 6/20/97), 696 So.2d 1031, 1034, writ denied, 97-1911 (La. 10/31/97), 703 So.2d 29. Summary judgment is properly granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact, and that mover is entitled to judgment as a matter of law. La. Code Civ. P. art. 966 B. Summary judgment is favored and "is designed to secure the just, speedy, and inexpensive determination of every action." La. Code Civ. P. art. 966 A(2).
The burden of proof on a motion for summary judgment is set forth in La. Code Civ. P. art. 966 C(2):
The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter th
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