Dupre v. Exxon Pipeline Co.

638 So. 2d 1118, 93 La.App. 3 Cir. 1528, 1994 La. App. LEXIS 1619, 1994 WL 234280
CourtLouisiana Court of Appeal
DecidedJune 1, 1994
Docket93-1528
StatusPublished
Cited by18 cases

This text of 638 So. 2d 1118 (Dupre v. Exxon Pipeline Co.) 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
Dupre v. Exxon Pipeline Co., 638 So. 2d 1118, 93 La.App. 3 Cir. 1528, 1994 La. App. LEXIS 1619, 1994 WL 234280 (La. Ct. App. 1994).

Opinion

638 So.2d 1118 (1994)

Craig DUPRE, Plaintiff-Appellee,
v.
EXXON PIPELINE COMPANY, et al., Defendant-Appellant.

No. 93-1528.

Court of Appeal of Louisiana, Third Circuit.

June 1, 1994.
Rehearing Denied July 26, 1994.

Anthony Craig Dupre, John Blake Deshotels, Ville Platte, for Craig Dupre.

Thomas Kelly Wetzel, Robert Hugh Wood Jr., Vicky Gerl Neumeyer, New Orleans, for Exxon Pipeline Co., et al.

*1119 Jerry Joseph Falgoust, Opelousas, for American Mfrs. Mut. Ins. Co.

Before DOUCET, LABORDE and BERTRAND[*], JJ.

DOUCET, Judge.

This is an appeal from a trial court's finding that the plaintiff was not a statutory employee of the defendant, Exxon Pipeline Company (Exxon), and a judgment awarding damages for injuries sustained by plaintiff as a guest-passenger in a vehicle driven by defendant's employee.

At the time of the accident the plaintiff, Craig Dupre, had been employed by Pitre Welding Service, Inc. (Pitre) off and on for five years.

On the date of the accident, Pitre was doing work on Exxon's pipeline under a contract which provided that Pitre would:

[...] begin and to press with due diligence until completion in accordance with the plans and specifications agreed to by Contractor and EXXON and in a good and workmanlike manner with the necessary crews, tools, machinery, and equipment furnished and maintained by Contractor at its own cost and expense, certain work briefly described as follows:
(a) Provide labor, equipment, and supervision for maintenance, repairs, and welding services for Exxon Pipeline Company, Louisiana-Mississippi Division. Work is more fully described and shall be performed in accordance with all Exhibits attached hereto and made a part hereof for all purposes: Exhibit "A"—Pitre Welding Service, Inc. Rate and Labor Sheets; Exhibit "B"—Pitre Welding Service, Inc. Certificate of Insurance; and Exhibit "C"—Contractor Safety Data Form.

In the days immediately prior to the accident, Pitre was working to remove blockage in the pipeline near Avery Island in New Iberia, Louisiana. Needing more laborers, Pitre called the plaintiff. The plaintiff reported to Morris Pitre's home early on the morning of January 21, 1991. Plaintiff, along with Pitre's other employees, drove to the Exxon office near Sunset, Louisiana. From there, some of Pitre's employees were transported to the job site in a truck belonging to Pitre. Because Pitre's other truck was being repaired, the remainder of Pitre's employees, including the plaintiff, went in a truck belonging to Exxon and driven by James Breaux, an Exxon employee. The Pitre crew performed the work involved in clearing the blockage. At least one Exxon employee helped in the labor. According to the plaintiff, Tommy Faulkerson, a gang leader for Exxon, directed the efforts.

When the pipeline work was finished, the plaintiff got back into the Exxon truck. Breaux' testimony was that they were going to stop near the main road to clean tools. The testimony of Morris Pitre, owner of Pitre Welding Service, Inc., was that the day's work was over, and that they were returning to the Exxon yard before returning home.

Leaving the work site, the Exxon truck got stuck in the mud. In trying to free it Breaux, the driver, backed the truck into a tree. The plaintiff was injured and filed this suit.

After a trial on the merits, the trial judge found Exxon had failed to carry its burden of establishing that the plaintiff was its statutory employee. He further found Exxon to be vicariously liable for the tort of its employee, Breaux. The court awarded damages as follows:

1.  Physical and mental pain and anguish,
    past and future                            $100,000.00
2.  Medical
    PAST
    a. Dr. Tassin                                   -0-
    b. Dr. Nason                                    485.00
    c. Dr. Cobb                                  13,487.00
3.  FUTURE                                        5,000.00
4.  Past Loss of Income                          12,000.00
5.  Impairment to Future Earning Capacity       100,000.00

Exxon appeals the court's finding that the plaintiff was not its statutory employee. The plaintiff answered the appeal seeking an increase in the award of damages.

*1120 STATUTORY EMPLOYEE

Exxon first argues that the trial judge erred in finding that the plaintiff was not its statutory employee because, at the time of the accident, he was engaged in work covered by the contract and which was integrally related to the trade business or occupation of Exxon.

Effective January 1, 1990, La.R.S. 23:1061 was amended by the Louisiana legislature to provide:

A. When any person, in this Section referred to as the "principal", undertakes to execute any work, which is a part of his trade, business, or occupation or which he had contracted to perform, and contracts with any person, in this Section referred to as the "contractor", for the execution by or under the contractor of the whole or any part of the work undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work or to his dependent, any compensation under this Chapter which he would have been liable to pay if the employee had been immediately employed by him; and where compensation is claimed from, or proceedings are taken against, the principal, then, in the application of this Chapter reference to the principal shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the employee under the employer by whom he is immediately employed. The fact that work is specialized or nonspecialized, is extraordinary construction or simple maintenance, is work that is usually done by contract or by the principal's direct employee, or is routine or unpredictable, shall not prevent the work undertaken by the principal from being considered part of the principal's trade, business, or occupation, regardless of whether the principal has the equipment or manpower capable of performing the work.

In Hanks v. Shell Oil Co., 631 So.2d 1189, 1194 (La.App. 5 Cir.1994), the court described the standard under that amendment as follows:

[3] By the amendment to LSA-R.S. 23:1061, the Louisiana legislature chose to return to a more liberal standard for principal tort immunity first enunciated in Thibodaux v. Sun Oil Co., 218 La. 453, 49 So.2d 852 (La.1950). Under that standard, a statutory employer/employee relationship exists whenever the work performed by the employee is "integrally related" to the principal's business. Salsbury v. Hood Industries, Inc., supra [982 F.2d 912 (5th Cir.1993)]; Duhon v. Conoco, 795 F.Supp. 189 (W.D.La.1992).

As the trial judge stated in his reasons for judgment, Exxon had the burden of establishing that the plaintiff was its employee under La.R.S. 23:1061. Ryder v. Federated Rural Elec. Ins. Co., 495 So.2d 950 (La. App. 3 Cir.1986).

The trial court gave the following reasons for its determination that Exxon had not carried its burden.

Applying the facts of this case to the cited principles of law, this Court concludes that if plaintiff had been injured while performing work on Exxon's pipeline, he would have been Exxon's statutory employee, because work on the pipeline would have clearly been an integral part of Exxon's trade, business or occupation.

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Bluebook (online)
638 So. 2d 1118, 93 La.App. 3 Cir. 1528, 1994 La. App. LEXIS 1619, 1994 WL 234280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupre-v-exxon-pipeline-co-lactapp-1994.