Louisiana Hospital Vicariously Liable for Delivery Nurse

The Louisiana First Circuit Court of Appeal held that where the general employer’s business is to loan out his or her employees and equipment to others, the general employer’s business is being furthered even if he does not control the details of the work. The special employer benefits because it is his work that is being done as well. The relevant enterprise benefited by the work consist of a combination of the general and special employers, who are liable in solido for damages occasioned by the borrowed employee. This applies where a hospital is the general employer of a nurse and an independent contractor physician is “in charge” of the delivery room. Grimes v. LAMMICO, 2009-0292 (La.App. 1 Cir. 9/11/09), citing Morgan v. ABC Manufacturer, 97-0956 (La. 5/1/98), 710 So. 2d 1077, 1080.

This personal injury legal update is provided by Baton Rouge, Louisiana injury lawyer Scott Andrews of the Louisiana accident and injury law firm, Dué, Guidry, Piedrahita & Andrews.