Id. The court held that physical presence of the principal was not enough to raise a genuine dispute of material fact as to who had operational control, and summary judgment for the defendant was appropriate. Id. at 564–65.
Here, there was no written agreement between the parties, so the level of control was not formalized. The jury had some evidence that the Casino maintained operational control over AWR. The Casino provided all the equipment to AWR for the bird-removal project: a manlift, barricades, and a dumpster. It also provided groundskeepers to clean up the sidewalks. David Stuart attended safety meetings with AWR regarding the safety precautions for the project. He had signs made to direct pedestrians. He would check on the project and lend a hand when he was available to do so, directing pedestrians and trying to keep people safe.
This evidence was sufficient for the jury to find the Casino liable for Echeverry’s injury under an operational-control theory.
C. Authorization of unsafe work practices
A principal may be held liable for the unsafe practices of an independent contractor if the principal “expressly or impliedly authorized the particular manner which will render the work unsafe.” Davis v. Dynamic Offshore Res., L.L.C., 865 F.3d 235, 236 (5th Cir. 2017) (quoting Ewell v. Petro Processors of La., Inc., 364 So. 2d 604, 606–07 (La. Ct. App. 1978)). A company man’s observing and failing to object to the independent contractor’s unsafe work practices is insufficient evidence of authorization to defeat a motion for summary judgment. Graham, 21 F.3d at 646–47. The fact that only an independent contractor participated in the decision to use the negligent procedure weighs heavily against finding that the principal authorized the unsafe work practice. Id. (interpreting Williams v. Gervais F. Favrot Co., 499 So. 2d 623 (La. Ct. App. 1986)).
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