Please state the case brief (IRAC Analysis)

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Analysis/Application

Conclusion

Facts Accor North America LLC is a franchisor that grants franchises to operate Motel 6 motels. Bayou Hospitality LLC obtained a franchise to operate a Motel 6 in New Orleans, Louisiana. Jorge Espinosa was staying at the Bayou Motel 6 when he was shot by an armed robber in the motel parking lot. The shooting rendered Espinosa paraplegic. Espinosa sued Bayou, alleging that it was negligent because a portion of the motel's fence around the parking lot was missing, thus enabling the armed robber to enter the premises and shoot him. Espinosa also sued Accor, alleging that Accor, as the franchisor, was vicariously liable for the alleged negligence of the Bayou franchisee. Accor filed a motion for summary judgment, contending that it owed no duty to Espinosa because it did not control the day-to-day operations of the Bayou Motel 6 franchise. The court granted Accor's motion for summary judgment and removed Accor as a defendant in the case. Espinosa appealed. Issue Is the franchisor liable for the franchisee's negligence? Language of the Court Vicarious liability does not apply when an independent contractor relationship exists. The most important test in determining whether or not an independent contractor relationship exists involves the control over the work. The actual authority of a franchisor is similar to that of an independent contractor. The franchise agreement provides that the safety and security of the motel patrons was Bayou's sole responsibility. Bayou was solely responsible for all employee decisions. Accor did not manage the motel. Conclusively, the evidence demonstrates that Accor did not have the authority to exercise control over the day-to-day operations of the motel. Decision The court of appeals affirmed the trial court's decision that Accor, the franchisor, was not liable for the shooting of Espinosa by a third party at the Bayou Motel 6 franchise