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BEEGLE v. RESTAURANT MANAGEMENT6/27/1996
While working at a restaurant owned by SPL, Inc. (SPL), appellant, Vincenza Vittoria Beegle, sustained severe burns when a co-worker, Michael Trihias, lit a chafing dish which exploded. Ms. Beegle filed a complaint for damages in the trial court alleging negligence against appellee, Billy's, Inc. (Billy's) and others. The trial court granted
summary judgment for Billy's, concluding that the undisputed evidence showed that Michael Trihias was employed by SPL, not by Billy's, as Beegle contended; therefore, Beegle's exclusive remedy for work-related injuries against SPL and its agents and employees would be under the Workers' Compensation statute. See D.C. Code ยง 36-304(b) (1993). Beegle argues on appeal that the claim is not barred against Billy's because, at the relevant time, Billy's was an independent contractor engaged by SPL under a written agreement which provided for Billy's to exercise complete control over SPL's restaurant operation, including any employees. Billy's contends that absent evidence that Trihias was employed by Billy's, the latter's status as an agent or independent contractor is irrelevant. The central issue for determination in this case is whether the negligence of a restaurant employee, who allegedly is controlled and supervised by an independent contractor that operates the restaurant, can serve as the basis for a negligence claim against the independent contractor, even though the plaintiff has recovered worker's compensation from the restaurant owner. We hold that it can; therefore, we must reverse summary judgment for the alleged independent contractor.
Assuming for purposes of the summary judgment motion that Billy's was performing various functions under a contract with SPL, the trial court framed the issue as whether the allegedly negligent employee can have simultaneously two employers such that an injured co-worker who receives worker's compensation from one can recover in tort against the other. The trial court answered the question in the negative and granted the motion. The court framed the issue too narrowly to consider fully the relationships of the parties and whether Billy's was an independent contractor which exercised, or had the right to exercise, control over the claimed negligent acts underlying Beegle's claim in order that Billy's could be liable independently. We conclude that on this record, a material issue of disputed fact exists as to whether Billy's had authority to control the entire operations of the restaurant, including Trihias in the performance of his work, such that Billy's can be held liable under the theory of respondeat superior. Therefore, the trial court erred in granting summary judgment for Billy's.
I.
Briefly summarized, the facts pertinent to this appeal are these. On November 4, 1989, appellant Beegle, a hostess/maitre d' at Madeo Restaurant, sustained severe burns when a portable burner exploded in the restaurant. Beegle alleged in her complaint that the explosion was caused by the negligence of Paul Loukas, the principal owner and manager of all of the named corporate defendants, including Billy's, and Michael Trihias, an employee of one of the defendants. According to the complaint, at Loukas' direction, Trihias poured lighter fluid over Sterno cooking units and ignited them, causing the explosion and fire which resulted in Beegle's injuries. Beegle claimed that the procurement and use of lighter fluid were negligent because contrary to express warnings on the apparatus and the laws and regulations of the District of Columbia.
It is undisputed that at the time of the accident, both Beegle and Trihias received wage statements from SPL. Loukas was the sole shareholder, president and tre
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