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Mouton v. We Care Homes11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges.
REVERSED AND REMANDED.
Jackie Mouton, a registered nurse (RN), was injured while performing nursing services for We Care Homes, Inc. (We Care), a provider of community group homes for mentally disabled adult males. The trial court dismissed Ms. Mouton's tort suit on summary judgment after concluding that her exclusive remedy against We Care was in workers' compensation. For the following reasons, we reverse and remand.
Discussion of the Record
On December 4, 2002, Ms. Mouton filed suit, alleging that she was injured on September 9, 2002, when she was attacked by a patient residing in one of the two group homes operated by We Care. At the time of the attack, Ms. Mouton was performing services as a "consulting nurse" pursuant to a contract that she executed with We Care on May 29, 1995. On May 27, 2003, We Care filed a motion for summary judgment seeking dismissal of the suit on two grounds: (1) that Ms. Mouton was an employee injured in the course and scope of her employment; therefore, her exclusive remedy was in workers' compensation; and (2) that We Care was not negligent, as it complied with all state regulations regarding the admission of the resident at issue, or, in the alternative, that Ms. Mouton was solely at fault because she failed to inform We Care that this resident required more extensive care than that offered by the group home. Ms. Mouton opposed the motion, arguing that genuine issues of material fact existed as to whether or not she was an employee of We Care and whether or not We Care was negligent failing to remove a resident with a history of violent behavior from one of its homes.
The contract between Ms. Mouton and We Care listed several duties of the "consultant," including (1) preparing, reviewing, and supervising the implementation of a health care plan for each resident; (2) caring for minor illnesses, injuries, and emergencies; (3) providing for the consultation and overall management of health services for each resident; (4) reviewing medications of each resident at least monthly; (5) assuring that routine, special, and emergency needs of each resident are met; (6) training other staff members; and (7) providing other services as needed. The contract provided for a monthly salary of $450.00 ($225.00 per home) and stated that either party could withdraw from it upon thirty days written notice. It is undisputed that We Care did not withhold any state or federal taxes from Ms. Mouton's salary.
In her deposition, Ms. Mouton testified that she initially went to each of the two group homes about once a month to do paperwork, but that she was on call twenty-four hours a day. She explained that her visits to each home lasted about two hours, during which time she would document each resident's medical history and would check their vital signs. In between these visits, she was expected to take all calls regarding problems with the residents, including medication changes, accidents, and seizures. Ms. Mouton testified that she did not have any set hours each month, which arrangement permitted her to work full-time at various other nursing jobs while fulfilling her contract with We Care. According to Ms. Mouton, she began reducing her visits to the group homes to approximately once every other month when she accepted a full-time position as a case manager. She ended her relationship with We Care in November of 2002 as evidenced by a letter of resignation in which she gave the company two-weeks notice, as opposed to thirty days as required by their contract.
In describing the altercation giving rise
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