Donald Harrison v. Exxon Corporation

824 F.2d 444
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 21, 1987
Docket86-4565
StatusPublished
Cited by6 cases

This text of 824 F.2d 444 (Donald Harrison v. Exxon Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald Harrison v. Exxon Corporation, 824 F.2d 444 (5th Cir. 1987).

Opinion

W. EUGENE DAVIS, Circuit Judge:

Donald Harrison appeals the district court’s dismissal of his strict liability claim against Exxon Corporation. La.Civ.Code art. 2322. We affirm.

I.

Donald Harrison was injured while employed by Dolphin-Titan International, Inc. (Dolphin-Titan) to work on a drilling rig owned by Dolphin-Titan. The Dolphin-Titan drilling rig was attached to a fixed platform owned by Exxon and located in the Gulf of Mexico off the coast of Louisiana. Harrison was injured while inspecting a hydraulic line leading to the drilling rig’s blowout preventer. During the inspection, a connection broke between the blowout preventer and the hydraulic line, and Harrison was struck in the thigh by pressurized fluid.

The blowout preventer was not directly connected to the drilling rig or to the platform; it was bolted in place atop a “riser,” a length of steel pipe which in turn was bolted to the wellhead. The wellhead was not attached to the platform; it was screwed into the top joint of a line of casing embedded in the ocean floor.

The blowout preventer stack was indirectly connected to the drilling rig by means of a pipe, or flowline, through which drilling fluids were pumped into the well. The only other connection between the blowout preventer stack and the drilling rig were various flexible steel hoses that ran from the accumulator pressure tank on the rig to various sections of the blowout pre-venter stack. These lines transported hydraulic fluid to activate the blowout pre-venter. The accumulator pressure tank, as well as the steel hoses which connected it to the blowout preventer, were also furnished by Dolphin-Titan.

The flowline and flexible hoses connecting the blowout preventer to the rig were designed to be assembled and disassembled by the removal of nuts and bolts or the unscrewing of threaded couplings. The hydraulic lines, for example, were attached to the rig accumulator pressure tank with turn buckles and tie-down clamps that were designed for easy disconnection without the use of a wrench. Similarly, the flow line on top of the blowout preventer stack could be disconnected by removing four bolts and sliding the sleeve connection backwards. A wrench was necessary to *446 disconnect the blowout preventer from the wellhead.

The blowout preventer was not ordinarily connected to the wellhead until the well was drilled to a depth of approximately 1500-3000 feet. When the well was completed, the blowout preventer was disassembled. Depending on particular well conditions, all or part of the same blowout preventer, after testing, was connected to successive wells the rig drilled from that platform. Thus the same blowout prevent-er was not in place on the wellhead during the entire time the Dolphin-Titan rig was attached to the Exxon platform.

Harrison’s injury occurred during the testing of a device called a hydril, which is located on the blowout preventer stack. During testing a pipe nipple failed and released pressurized hydraulic fluid that struck and injured Harrison. The pipe nipple forms the connection between the blowout preventer stack and the steel hoses that carry hydraulic fluid from the accumulator pressure tank.

Dolphin-Titan provided the entire blowout preventer stack, including the hydril, pipe nipple, and steel hoses, as part of the equipment needed to drill from the Exxon platform.

Harrison filed the instant lawsuit against Exxon seeking to recover for damages he sustained because of the defective blowout preventer. Harrison’s lawsuit is based on Louisiana law which holds owners of buildings or structures, including stationary oil platforms, strictly liable for damages caused by ruin to appurtenances of the structure. La.Civ.Code art. 2322. Dolphin-Titan intervened in the action to recover compensation benefits paid to Harrison under the Louisiana Longshore & Harbor Workers’ Compensation Act.

Following a bench trial on the merits, the district court dismissed Harrison’s claims as well as the intervention of Dolphin-Titan. The district court held that Exxon was not strictly liable because “the blowout preventer and hydraulic lines were neither necessary appurtenances to Exxon’s drilling platform nor movables made immov-ables by attachment thereto.” This appeal followed.

II.

Louisiana Civil Code article 2322 provides:

The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice in its original construction.

In order to establish Exxon’s strict liability under article 2322, Harrison must establish: (1) that there is a building; (2) that Exxon is the owner of the building; and (3) that there is ruin caused by vice in construction or a neglect to repair the building. Olsen v. Shell Oil Company, 365 So.2d 1285, 1289 (La.1979).

For the purposes of La. Civ. Code art. 2322, it is undisputed that Exxon’s drilling platform is a “building.” Olsen, 365 So.2d at 1290. It is also undisputed, that building owners are strictly liable for “necessary appurtenances to structures and movables made immovable by attachment.” Id. at 1291. The issue in this case therefore reduces to whether the Dolphin-Titan blowout preventer was sufficiently attached or appurtenant to the drilling platform to trigger Exxon’s strict liability. Because we affirm the district court’s finding that Dolphin-Titan’s blowout preventer was not sufficiently attached or appurtenant to Exxon’s drilling platform, we need not reach the issue of whether the defect in the blowout preventer was a “ruin” due to vice of construction or neglect to repair.

We recognize that “no universally applicable test has evolved from the Louisiana courts which permits ready determination” of what constitutes an appurtenance to a drilling platform. Steele v. Helmerich & Payne International Drilling Co., 738 F.2d 703, 705 (5th Cir.1984). The inquiry is necessarily fact specific and depends on the nature and circumstances of the connection in each case. Under Louisiana law, it is a question of fact whether a particular piece of equipment is sufficiently attached to constitute an article 2322 appurtenance. Heater v. Texas Gas & Exploration Corp., *447 466 So.2d 504, 505 (La.Ct.App. 3d Cir. 1985). We therefore review the district court’s findings under the “clearly erroneous” test. Fed.R.Civ.P. 52(a).

III.

Harrison argues that the evidence established as a matter of law that (1) the blowout preventer is a necessary part of the drilling rig; and (2) the drilling rig is an appurtenance to the platform.

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