LogistiCare Solutions, LLC received a trip request from Debra Jones for transportation to a medical appointment on July 20, 2018. Bethlehem Transportation, Inc., which had a contract with LogistiCare to provide such transportation, provided the requested transportation. Bethlehem’s driver, Calvin Simmons, picked up Jones, who was in a wheelchair, from her home and loaded her in the vehicle. According to Jones, Simmons did not properly secure her wheelchair, and as a result she was thrown to the floor and sustained injuries when he slammed the brakes during the trip.
Jones filed a negligence action against Bethlehem, LogistiCare, and Simmons. Jones alleged that Simmons failed to exercise ordinary care in driving her and securing her wheelchair, that Bethlehem negligently hired, trained, supervised, and retained Simmons, and that LogistiCare was vicariously liable for the negligence of Bethlehem and Simmons because it had the right to control the time and manner of executing their work.
The contract between LogistiCare and Bethlehem stated that Bethlehem was an independent contractor and was responsible for the payment, taxes, and insurance of its own employees. The contract stated that LogistiCare would refer transportation requests from Medicaid members to Bethlehem. Bethlehem was required to keep an office location open Monday through Friday until 6:00 p.m. that was equipped with a telephone line and a fax line for LogistiCare to contact it. Bethlehem was generally required to accept the transportation requests and to pick-up and drop-off riders at the times specified by LogistiCare, which were based on the time of the riders’ medical appointments. Bethlehem was also required to use trip log and invoice sheet forms provided by LogistiCare. LogistiCare specified what type of vehicle Bethlehem needed to use for a particular trip based on the needs of the rider. Although Bethlehem used its own vehicles, it was required to have its vehicles inspected and approved by LogistiCare before being put into service, and its vehicles were subject to ongoing inspection and approval by LogistiCare. Although Bethlehem hired its own drivers and decided which drivers to assign to trips, its drivers needed to be approved by LogistiCare before they could begin transporting riders, and LogistiCare could stop using the services of Bethlehem or any of its drivers at any time for any reason. LogistiCare required drivers to undergo a “stringent” training program that included topics such as safe driving and wheelchair placement and securement. LogistiCare’s contract with Bethlehem contained detailed requirements for driver conduct, including specifications as to what drivers must wear, where they were must park, how they must make their presence known to riders, and how they must load, secure, and unload riders, including riders in wheelchairs.
LogistiCare filed a motion for summary judgment as to the claims of Jones, arguing that because Bethlehem was merely an independent contractor and not an employee of LogistiCare, LogistiCare was not liable for any negligence of Bethlehem, and Jones’ claims were not within the coverage of LogistiCare’s solvent insurance carrier. The trial court granted LogistiCare’s motion, concluding that there was no issue of material fact as to whether LogistiCare sufficiently retained the right to direct or control the time and manner of executing the work performed by Bethlehem or Simmons to be deemed their employer. Jones appealed.
The Court of Appeals of Georgia stated in its January 30, 2025 decision: “The contract between LogistiCare and Bethlehem classified Bethlehem as an independent contractor. Thus, to overcome the presumption that Bethlehem was an independent contractor, there must be some evidence showing that LogistiCare controlled the time, manner, method, and means of the work … A thorough review of the record shows that there is sufficient evidence to create a jury question on this issue.”
Jones v. LogistiCare Solutions, LLC, A25A0012.
If you or a loved one may have been injured (or worse) as a result of medical transportation negligence in Georgia or in another U.S. state, you should promptly find a Georgia medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical transportation negligence claim for you and represent you or your loved one in a medical transportation negligence case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.
Turn to us when you don’t know where to turn.
