McCary, et al. v. Wade, et al.
| Docket Number: | 2002-CA-01147-COA Linked Case(s): 2002-CA-01147-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2003 Opinion Author: LEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Respondeat superior - Independent contractor - Public policy Judge(s) Concurring: McMILLIN, C.J., SOUTHWICK, P.J., BRIDGES, THOMAS AND MYERS, JJ., CONCUR. KING, P.J., IRVING AND CHANDLER, JJ., CONCUR IN RESULT ONLY. GRIFFIS, J., NOT PARTICIPATING. Non Participating Judge(s): Griffis, J. Concurs in Result Only: King, P.J., Irving and Chandler, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 05-13-2002 Appealed from: Leake County Circuit Court Judge: Vernon Cotten Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES. |
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| Party Name: | Attorney Name: | |||
| Appellant: | JETTIE MCCARY, LILLIE FULWILEY, AND JOHN ISONHOOD |
H. GREGORY JOHNSON
ROSS BARNETT, JR.
CHRISTOPHER D. HEMPHILL
JOHN G. HOLADAY
GEORGE MCDOWELL YODER III |
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| Appellee: | CHRIS WADE AND WADE LAND MANAGEMENT, INC. | AAFRAM Y. SELLERS EDWARD J. CURRIE MICHAEL V. CORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Respondeat superior - Independent contractor - Public policy |
| Summary of the Facts: | While riding in a van on their way home from work, Jettie McCary and Lillie Fulwiley were injured in an accident. They filed suit against Dexter Myrick, who was driving a logging truck; Georgia Pacific Corporation, which was Myrick's employer; Grace Mills, the driver of another vehicle involved in the accident; John Isonhood, the driver of the van; Choctaw Maid Farms, Inc. which provided the van transportation; Chris Wade who had contracted with Georgia Pacific for sale of timber; and Wade Land Management which was Chris Wade's company. The defendants filed a motion for summary judgment which the court granted. McCary and Fulwiley appeal. |
| Summary of Opinion Analysis: | In their motion for summary judgment, Chris Wade and Wade Land Management argued that Myrick was an independent hauler for WLM and, therefore, WLM was not liable to the plaintiffs via respondeat superior for Myrick's negligence in causing the accident. McCary and Fulwiley argue that sufficient evidence was presented to create genuine issues of material fact concerning whether Myrick was acting as an employee of Wade Land Management at the time of the accident. The general rule is that the employer of an independent contractor has no vicarious liability for the torts of the independent contractor or for the torts of the independent contractor's employees in the performance of the contract. Myrick and WLM entered into a contract whereby Myrick would cut and haul lumber to Georgia Pacific for WLM. Myrick was not subject to any quotas set by WLM concerning delivery amounts, and Georgia Pacific would accept any amount of the specified lumber that Myrick chose to deliver. Myrick decided his own work hours, which days he would work, and where he would work. He exclusively made decisions concerning harvest, sorting, loading and transportation of the timber and owned all of the equipment needed for his operation. Given this evidence, Myrick's relationship with WLM is that of an independent contractor and not employee/employer. McCary and Fulwiley also argue that since Myrick was not insured and had no money to compensate them for their injuries, WLM should be made to pay in the interests of public policy. Their public policy argument fails, however, since the evidence presented shows Myrick was an independent contract and there is no evidence of any attempt by WLM to control Myrick through written contracts or otherwise. |
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