Walker v. McClendon Carpet Service, Inc.
| Docket Number: | 2005-CA-01065-COA Linked Case(s): 2005-CA-01065-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-21-2006 Opinion Author: Griffis, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Employment relationship Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Barnes, Ishee and Roberts, JJ. Concurs in Result Only: Irving, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 04-15-2005 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF MCCLENDON CARPET SERVICE, INC. Case Number: 2002-001 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Betty Jo Walker |
MICHAEL P. YOUNGER |
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| Appellee: | McClendon Carpet Service, Inc. | MARK D. MORRISON |
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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 - Employment relationship |
| Summary of the Facts: | When returning to her apartment, Betty Jo Walker slipped and fell. Prior to her arriving home, Bryson Carpet Service had cleaned the carpet of the apartment unit directly above Walker’s apartment. Through discovery, Walker determined that the apartment had contracted with McClendon Carpet Service, Inc., to provide cleaning services for the complex. McClendon was unable to clean the particular apartments, so it contacted Bryson Carpet Service to provide the cleaning services. Walker filed suit against McClendon Carpet Service, Inc. The court granted summary judgment in favor of McClendon. Walker appeals. |
| Summary of Opinion Analysis: | Walker argues that the evidence was in dispute as to whether Bryson Cleaning Service was an employee or agent of McClendon Carpet Cleaning Service, Inc. To determine whether an employer-employee or independent contractor relationship exists, the court looks at whether the principal master has the power to terminate the contract at will; whether he has the power to fix the price in payment for the work or vitally controls the manner and time of payment; whether he furnishes the means and appliances for the work; whether he has control of the premises; whether he furnishes the materials upon which the work is done and receives the output thereof, the contractor dealing with no other person in respect to the output; whether he has the right to prescribe and furnish the details of the kind and character of the work to be done; whether he has the right to supervise and inspect the work during the course of employment; whether he has the right to direct the details of the manner in which the work is to be done; whether he has the right to employ and discharge the sub-employees and to fix their compensation; and whether he is obliged to pay the wages of said employees. Here, an evaluation of these factors favor a determination that Bryson was not McClendon’s employee or agent but an independent contractor. Bryson could have rejected the request for cleaning services, thereby terminating the contract, and the same could be said of McClendon by not referring projects to Bryson. The price of payment was determined by McClendon’s contract with the property owner, here Crosswinds Apartment Complex, but McClendon and Bryson contracted for a 50% rate for compensation of services. McClendon provided the cleaning chemicals for the job. McClendon did not control the premises. Bryson received the referral of apartments to be cleaned from Crosswinds and it told him after the referral which apartments need to be cleaned. Crosswinds paid McClendon directly. Evidence indicates that McClendon accepted the liability that might arise while Bryson was providing cleaning services at McClendon’s request. Given these factors, the trial court erred in granting the summary judgment in favor of McClendon Carpet Service, Inc. |
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