Alday v. Patterson Truck Line, Inc.
United States Court of Appeals for the Fifth Circuit
750 F.2d 375 (1985)
- Written by Jenny Perry, JD
Facts
Phillip Alday (plaintiff) was a longshoreman employed by Atchafalaya Industries, Inc. (Atchafalaya). Atchafalaya and Patterson Truck Line, Inc. (Patterson) (defendant) were parties to a master services agreement by which Atchafalaya supplied workers to off-load barges in Patterson’s shipyard. The agreement specifically disclaimed the existence of any employment relationship between Atchafalaya’s employees and Patterson and stated that all workers on Atchafalaya’s payroll who supplied labor to Patterson would remain Atchafalaya’s employees. Alday’s first assignment for Atchafalaya was to unload barges at Patterson’s shipyard, and on his first day on the job, Alday was seriously injured. Alday sued Patterson for damages. The district court found that Alday, although employed and paid by Atchafalaya, was Patterson’s borrowed employee because Patterson’s foreman instructed and supervised Alday in the performance of Alday’s duties during his one day on the job; therefore, Alday was under Patterson’s control and supervision. The court found that, as Patterson’s borrowed employee, Alday’s exclusive remedy against Patterson was for compensation benefits under the Longshoremen’s and Harbor Workers’ Compensation Act. The court, therefore, entered summary judgment in favor of Patterson, and Alday appealed.
Rule of Law
Issue
Holding and Reasoning (Tate, J.)
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