MICHAEL JAMES AND ASSOCIATED GENERAL CONTRACTORS OF MISSISSIPPI, INC. APPELLANTS
BRIAN DEDEAUX AND CONSTRUCTOR SERVICES, INC. APPELLEES
OF JUDGMENT: 10/28/2015
COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT HON.
CHRISTOPHER LOUIS SCHMIDT
ATTORNEYS FOR APPELLANTS: MATTHEW JASON SUMRALL ZACHARY MORI
BONNER BRIAN CHRISTOPHER WHITMAN W. THOMAS MCCRANEY III
ATTORNEYS FOR APPELLEES: MYLES ETHAN SHARP ROBERT ELLIOTT
IRVING, P.J., FAIR AND WILSON, JJ.
Michael James and Brian Dedeaux were working on a
construction project at Keesler Air Force Base when the
scissor lift Dedeaux was operating struck James, severely
injuring him. At the time, James was an employee of Aladdin
Construction Co., while Dedeaux was employed by Constructor
Services Inc. ("CSI"). CSI had a contract with
Aladdin to provide labor for the Keesler project.
James filed a negligence suit against Dedeaux and CSI in the
Harrison County Circuit Court. On the defendants' motion
for summary judgment, the circuit court found Dedeaux had
been "loaned" to Aladdin by CSI, limiting James to
workers' compensation benefits under the exclusivity
provision of the Mississippi Workers' Compensation Law.
James appeals that decision.
We review the grant of a summary judgment de novo. Davis
v. Hoss, 869 So.2d 397, 401 (¶10) (Miss. 2004).
Summary judgment shall be granted "if the pleadings,
depositions, answers to interrogatories and admission on
file, together with the affidavits, if any, show that there
is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of
law." M.R.C.P. 56(c). "[E]vidence is viewed in the
light most favorable to the party opposing the motion."
Davis, 869 So.2d at 401 (¶10).
On appeal, James contends that the trial court erred in
finding, as a matter of law, that Dedeaux was a borrowed
servant of Aladdin-and thus that James was barred from suing
in tort. James enumerates two separate issues, but both go to
the propriety of summary judgment and are based on the same
factual contentions, so we address them together.
"The borrowed-servant doctrine is a common-law rule that
a servant, in general employment of one person, who is
temporarily loaned to another person to do the latter's
work, becomes, for the time being, the servant of the
borrower, although he remains in the general employment of
the lender." Gorton v. Rance, 52 So.3d 351, 359
(¶26) (Miss. 2011) (citation omitted). The Mississippi
Supreme Court "has identified three criteria for
determining whether one is a borrowed servant: (1) whose work
is being performed, (2) who controls or has the right to
control the workman as to the work being performed, and (3)
[whether] the workman voluntarily accepted the special
employment." Id. (citation omitted).
Here, there is no question that the work being done was
Aladdin's. The dispute, or alleged dispute, centers
around the last two factors, who controlled the work and