Deshun K. Carter v. Blue Hill Specialty Insurance Company, Forward Loads, LLC, Jamar Hooker, USAA Casualty Insurance Company, and Talish Josie Watts

Summary

The Louisiana Court of Appeal, First Circuit, affirmed a summary judgment dismissing Deshun K. Carter’s claims against Blue Hill Specialty Insurance Company. The court held that Carter was an employee of Forward Loads under the totality-of-the-circumstances test and that the Blue Hill policy’s employee and workers’ compensation exclusions precluded coverage. The court also held that the trial court did not abuse its discretion by proceeding with the summary judgment hearing despite outstanding discovery.

Holdings

1. Louisiana Code of Civil Procedure article 966(A)(3) requires an opportunity for adequate discovery, not completion of all discovery. The trial court did not abuse its discretion by proceeding with the summary-judgment hearing.
2. The undisputed summary-judgment evidence established that Carter was an employee of Forward Loads, not an independent contractor.
3. Because Carter was an employee of Forward Loads and sustained bodily injury while performing duties related to Forward Loads' business, the employee-related exclusions in Blue Hill's policy barred coverage for his claims.
4. The trial court did not improperly resolve credibility issues; the evidence offered by Carter did not create a genuine issue of material fact sufficient to defeat summary judgment.

Questions Presented

1. Whether the trial court abused its discretion by granting summary judgment before Carter completed outstanding discovery.
2. Whether genuine issues of material fact existed concerning whether Carter was an employee of Forward Loads rather than an independent contractor.
3. Whether Carter's status as an employee triggered exclusions in Blue Hill's automobile liability policy and defeated coverage for his claims.
4. Whether the trial court improperly made credibility determinations in granting summary judgment.

Disposition

affirmed