Payne T. Trichell v. Christopher McClure, 341 So.3d 856

On Sept. 7, 2011, Payne Trichell (age 21) was injured after an off-duty Baton Rouge police officer, Christopher McClure, a "courtesy officer" at Indigo Park Apartments, used a takedown to subdue and handcuff him following a golf-cart incident. Trichell alleges serious injuries including a fractured jaw.
Trichell sued McClure for damages; McClure asserted a third-party demand against GAA-Nicholson, LP (Indigo Park) alleging a dual role; Trichell amended to add GAA for vicarious liability.
McClure had executed a "Courtesy Officer Services Agreement" with property management: he received a rent credit (not payroll), performed patrols and resident-assistance duties, and had discretion about methods/timing; he also testified he acted per police training on the night in question.
In Jan. 2021 (years after the incident), GAA moved for summary judgment asserting McClure was an independent contractor, not an employee; it submitted the agreement, an affidavit from management, and McClure's deposition.
Trichell opposed the motion, sought a continuance for additional discovery, but filed no evidentiary opposition; the trial court denied the continuance and granted summary judgment dismissing GAA; Trichell appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether GAA is vicariously liable for McClure's conduct (employee v. independent contractor)	Trichell: McClure was GAA's employee, so GAA is vicariously liable.	GAA: Courtesy agreement and evidence show McClure was an independent contractor exercising discretion; no employer-employee relationship.	Court: GAA met its burden; Trichell produced no contrary evidence—no genuine issue that McClure was an employee; SJ for GAA affirmed.
Whether summary judgment was premature because discovery was incomplete	Trichell: Additional discovery was needed; motion was premature.	GAA: Adequate discovery opportunity existed; no automatic right to delay SJ until all discovery complete.	Court: No abuse of discretion; adequate discovery had occurred and SJ was proper.
Whether GAA waived the independent-contractor defense by not pleading it	Trichell (on appeal): GAA failed to plead the defense in its answer, so it waived it.	GAA: Defense was raised in the SJ motion; trial court may consider only materials filed in support/opposition to SJ.	Court: Could not consider GAA's answer because it was not in the SJ record; argument without merit.

In re Succession of Beard, 147 So.3d 753 (La. App. 1st Cir. 2014) (appellate de novo review of summary judgment standard)
Crockerham v. La. Med. Mut. Ins. Co., 255 So.3d 604 (La. App. 1st Cir. 2018) (mover must present supporting documents sufficient to resolve material issues)
Babin v. Winn-Dixie La., Inc., 764 So.2d 37 (La. 2000) (when mover establishes prima facie case, burden shifts to non-mover to produce factual support)
Janney v. Pearce, 40 So.3d 285 (La. App. 1st Cir. 2010) (trial court's role on SJ is to determine existence of genuine triable issues, not weigh evidence)
Kasem v. State Farm Fire & Cas. Co., 212 So.3d 6 (La. App. 1st Cir. 2017) (definition of a "genuine" issue as one on which reasonable persons could disagree)
Hillman v. Comm-Care, Inc., 805 So.2d 1157 (La. 2002) (party asserting employer-employee status bears the burden of proof)