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Benson-Jones v. Sysco Food Servs. of Atlanta LLC

The defendant did not violate state and federal regulations intended to protect minors by failing to obtain a certificate of the decedent's true age before permitting him to work at the warehouse, since the undisputed evidence showed that the decedent worked for an independent contractor, who retained exclusive right to hire and discharge its employees.

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Frieda Benson-Jones sued Sysco Food Services of Atlanta, LLC, among others, for the wrongful death of her 15-year-old son, Antonio Benson, who was fatally injured while operating a forklift in a Sysco warehouse.1 The trial court granted Sysco’s motion for summary judgment. Benson-Jones appeals, arguing that the trial court erred because a jury could conclude that i Sysco was negligent per se because it violated child labor laws and regulations intended to protect her son, ii Sysco was negligent in permitting a minor under 16 to work in its warehouse, iii Sysco’s independent contractor was negligent, and the contractor’s negligence was imputable to Sysco, and iv Sysco was liable under principles of premises liability. For the reasons which follow, we disagree and affirm. “To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.”2 Our review is de novo.3

So viewed, the evidence shows the following. Sysco owned and operated a warehouse in College Park. Sysco contracted with Johnny L. Bunton, Jr. d/b/a Kaylex Company4 “Kaylex” to provide unloading services at the warehouse. The contract provided that Kaylex was an independent contractor with the exclusive right to control its own activities with respect to “hours, times, terms of employment, etc.” Sysco retained the right to exclude Kaylex freight handlers from its premises or to require Kaylex to substitute personnel working on its premises, but Kaylex retained the exclusive right to hire and discharge its employees. Among other things, Kaylex agreed to fully comply with all applicable laws, rules, and regulations applicable to Kaylex and the services provided under the contract.

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