Charles Gregory Parker v. Joe Lujan Enterprises, Inc.; Chung Kuo Insurance Company, Ltd.; Electrical Contracting Corporation (Guam)

Summary

The Ninth Circuit affirmed summary judgment for Joe Lujan Enterprises and its insurer, holding that the winch operator was a borrowed servant of Electrical Contracting Corporation because ECCG exercised authoritative direction and control over the operator at the work site. The court also affirmed the denial of Parker’s motion for leave to amend his complaint, concluding that the motion was untimely, insufficiently justified, and would have prejudiced the defendants.

Holdings

1. The undisputed facts established that Lujan's winch operator was ECCG's borrowed servant because ECCG exercised authoritative direction and control over the operator's work at the project site. Summary judgment for Lujan and Chung Kuo was therefore proper.
2. The district court acted within its discretion in denying Parker leave to amend because the motion was untimely under the scheduling order, Parker failed to justify the lengthy delay in asserting a new and inconsistent theory, and amendment would substantially prejudice the appellees.

Questions Presented

1. Whether the undisputed facts established as a matter of law that Lujan's winch operator was a borrowed servant of ECCG, thereby precluding Parker's recovery against Lujan and its insurer.
2. Whether the district court abused its discretion by denying Parker leave to amend his complaint to assert a defective-winching-equipment theory of liability.

Disposition

affirmed