Crenshaw v. Bayou Land & Marine Contractors, Inc.

868 So. 2d 933, 3 La.App. 5 Cir. 1231, 2004 La. App. LEXIS 322, 2004 WL 324454
CourtLouisiana Court of Appeal
DecidedFebruary 23, 2004
DocketNo. 03-CA-1231
StatusPublished
Cited by1 cases

This text of 868 So. 2d 933 (Crenshaw v. Bayou Land & Marine Contractors, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crenshaw v. Bayou Land & Marine Contractors, Inc., 868 So. 2d 933, 3 La.App. 5 Cir. 1231, 2004 La. App. LEXIS 322, 2004 WL 324454 (La. Ct. App. 2004).

Opinion

| ¡WALTER J. ROTHSCHILD, Judge.

This case arises from an accident that occurred on February 25, 1999 at the job site of a canal development project in Me-tairie, Louisiana. According to the plaintiff, Joddie Crenshaw, the project basically involved digging a canal, pouring a concrete bottom and walls, and putting a force main on the west side to connect it to an existing pumping station. At the time of the accident, Mr. Crenshaw was working as an equipment operator for Circle, Inc. (“Circle”), which was the general contractor on the project, and Bayou Land and Marine Contractors (“Bayou”) was one of the subcontractors that was assisting with the project.

In order to perform the work on the project, temporary roadways had to be built over the canal. The temporary roadways were constructed by placing sheet pilings on the sides of the canal and then placing roadway beams and single beams east to west on top of the sheet pilings. Wooden mats were placed over the beams north to south to form the roadway. As the project progressed, portions of the temporary roadway would usually be moved using a “leapfrog” method by which the last section of roadway would be moved by a crane to the front of the roadway and rebuilt, allowing the project to move north.

|3On the date of the accident, a crane driven by Brian Gonzales, a Bayou employee, was carrying a bulldozer along the [936]*936temporary roadway, when the roadway collapsed. Mr. Crenshaw, who was standing on a beam at the time of the accident, fell into the canal and was trapped underneath a beam for a short amount of time. Mr. Crenshaw sustained several injuries and one of the other workers died as a result of the accident.

On January 31, 2000, Mr. Crenshaw1 filed a Petition for Damages against Bayou and its insurer, Scottsdale Insurance Company, alleging that the accident was caused by the negligence of Bayou. Travelers Property and Casualty Corporation (“Travelers”), as Circle’s worker’s compensation carrier, intervened in the suit to recover benefits paid to Mr. Crenshaw as a result of this accident.

Trial in this matter was held on August 20, 2002. On December 4, 2002, the trial court rendered a judgment, along with reasons, in favor of the defendants, dismissing the plaintiffs claims against them with prejudice. It is from this judgment that the plaintiff, Joddie Crenshaw, appeals.

FACTS

At trial, three witnesses testified. The first witness was the plaintiff, Joddie Crenshaw. He testified that he was working on a canal project for Circle as an equipment operator at the time of the accident. He stated that temporary roadways had to be built over the canal so that they could work in certain areas of the canal at different times. Prior to his employment with Circle, Mr. Crenshaw worked for Bayou on this project. He testified that it was Bayou’s responsibility to do the sheet pile work and to build the temporary roadways over the canal. Circle supplied the materials for the roadways.

Mr. Crenshaw stated that he was at the job site every day and that Bayou employed the only sheet pile crew on the job. On the day before the accident, Mr. 14Crenshaw pulled up a 60-foot section of mats with a trackhoe and moved them to the north end, because they needed the roadway in place in that area to put the sub-base material, crushed concrete, in the canal. On the morning of the accident, Mr. Crenshaw saw Bayou employees remove part of the roadway from the south end and use it to replace and cover up part of the section that Mr. Crenshaw had removed the previous day. He testified that the section of roadway that Bayou employees put in place on the morning of the accident was the section that subsequently collapsed. He stated that Bayou employees were the last ones to put that section in place prior to the accident.

Mr. Crenshaw stated that prior to the accident, his supervisor, Dale Dominguez, wanted to get a bulldozer placed in the canal through one of the holes where mats had been removed from the roadway, so Mr. Dominguez asked Brian Gonzales, who was a Bayou employee, to move it with Bayou’s crane. The bulldozer weighed approximately 13,500 pounds, but the crane was capable of carrying about 50 tons. Mr. Crenshaw was standing on one of the roadway beams when he heard the crane’s cables “singing” behind him. He turned around and saw the mats collapsing and the bulldozer falling. Mr. Crenshaw was thrown from the beam into the canal and was pinned down by a beam.

Mr. Crenshaw testified that Mr. Gonzales had a history of driving the crane too fast. He stated that he and Mr. Dominguez had both previously asked Mr. Gonzales to slow the crane down, because driv[937]*937ing too fast on a temporary roadway can cause too much deflection of the mats and can be dangerous. However, Mr. Cren-shaw did not know if Mr. Gonzales was driving the crane too fast on this occasion. It appeared to him that the crane was traveling properly.

The second witness to testify was Dale Dominguez, who was employed by Circle as a field superintendent. He worked on the canal project and basically oversaw the job for Circle. He testified that Bayou was responsible for building |ñthe temporary roadways over the canal during the project. On the day of the accident, he needed to have a bulldozer placed through a gap in the temporary roadway. He asked Mr. Gonzales if he could handle moving the bulldozer to this location and he answered affirmatively. He told Mr. Gonzales to “take it slow,” because Mr. Gonzales had a habit of driving the crane too fast. He stated that he had previously talked to Mr. Gonzales and his supervisor about him driving too fast over the temporary roadway.

Mr. Dominguez stated that Bayou employees were the last to move the mats to the location where the roadway collapsed. After Mr. Crenshaw moved some mats on Wednesday, the gap in the roadway was very wide. Bayou filled a portion of the gap with mats on the morning of the accident. The portion of roadway that collapsed under the crane was the portion of roadway that Bayou had refilled that day.

On cross-examination, Mr. Dominguez could not say for certain that the mats were improperly placed or that Mr. Gonzales drove improperly and caused the accident. He did not know how fast Mr. Gonzales was driving at the time of the accident. He admitted that there were times during the project when Circle employees would remove portions of the roadway that had been placed by Bayou, and then Circle would replace it after they finished their work.

The third and final witness, Brian Gonzales, testified for the defense. He stated that he had been operating cranes for at least 3^4 years at the time of the accident. He was employed by Bayou as a crane operator at the time of the accident, though he was not licensed to operate a crane at that time. He testified that when Bayou would construct portions of the temporary roadway, Circle employees would often disassemble it in order to do their work. He stated that on the day of the accident, Bayou was not working in the area where the accident |fioccurred so there would have been no reason for Bayou to have constructed the portion of roadway that collapsed.

He stated that he was asked to move a bulldozer, and he was about to lower it through the gap in the road when he felt as if he was falling through the road beneath him. He immediately dropped the bulldozer so that the crane would not tip forwards. He testified that no one had ever spoken to him about driving too fast or improperly operating the crane.

Mr.

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Bluebook (online)
868 So. 2d 933, 3 La.App. 5 Cir. 1231, 2004 La. App. LEXIS 322, 2004 WL 324454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crenshaw-v-bayou-land-marine-contractors-inc-lactapp-2004.