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Bryant v. Craftsman Sandrini Boys2/23/2001
Express Personnel Services, a temporary employment agency, assigned Rex Bryant to work as a carpenter for a small general contracting company, Craftsman Sandrini Boys. Bryant fell off the roof of a house Sandrini was building, breaking his wrist and pelvis and spraining his ankle. Bryant sued, alleging that Sandrini negligently caused his injuries. The trial court ruled on summary judgment that Bryant was Sandrini's employee and, therefore, Sandrini was immune from the suit. Bryant argues that there is an issue of material fact as to whether his employer was Express or Sandrini. We agree and, therefore, reverse and remand for trial.
FACTS
Rex Bryant moved to Washington from Alabama in the summer of 1997 to obtain medical treatment for his wife. Expecting to remain in Washington for about six months, Bryant sought work through Express Personnel Services, a temporary placement agency. Express interviews and hires workers for its clients. Workers, such as Bryant, are 'Express Temporary Associates' and are put on Express's payroll. Express then matches the worker's qualifications to the needs of its clients, setting up interviews between the client and the worker. The client may refuse to offer a position to the worker and the worker may decline any position offered by the client company. When Bryant began working for Express, he signed a policies and procedures statement, which stated:
1. Any person employed by Express Personnel Services and assigned to one of its client companies is an employee of Express Personnel Services and NOT the client company. If you have any problems or concerns regarding your employment, call your Express Personnel Services Personnel Supervisor. CP at 98. Bryant also filled out an Immigration and Naturalization Service form, reporting that Express employed him.
Sandrini had told Express that they wanted to 'go with 1 person on a temp to hire' basis. CP at 91. Benny Sandrini authorized a letter from Express defining the hiring options available:
The job offer is made through Express and if accepted by the employee, the employee is payrolled as an Express Temporary Associate for a 90 working day (720 hours) probationary period. . . . Should this employee not work out to your satisfaction, your company may choose to make a job offer to a second choice from the initial interview or request that Express Personnel Services begin the recruitment and interview process all over again. When the second employee begins, the 720 hours will be reduced by the number of hours that the first employee previously worked and the new time frame will begin from this point forward. This trial of multiple employees can be done as often as your company feels necessary in order to ensure the best match. Once the 720 hours is met, there will not be any requirement to continue payrolling any of the employees through Express, unless it is your company desire to do so. CP at 182-83.
In August 1997, Express referred Bryant to Sandrini. After interviewing, Sandrini offered Bryant a position and Bryant accepted.
Before the accident, Bryant worked on several different projects for Sandrini, but he did not work for more than eight weeks or 245 hours. On each project, Sandrini directed Bryant's daily work activities. Bryant had his own hand tools; Sandrini or the property owners supplied all other tools and materials. To accommodate his wife's treatment, Bryant arranged with Sandrini for a special work schedule that allowed him to take one day off a week.
Each week Sandrini signed Bryant's timecard. On the back of the timecard, the terms and conditions of hiring and the status of an Express Personnel temporary w
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