Houston Oil & Minerals Corp. v. American International Tool Co.

827 F.2d 1049, 1988 A.M.C. 1315, 1987 U.S. App. LEXIS 12665
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 24, 1987
DocketNo. 86-4360
StatusPublished
Cited by5 cases

This text of 827 F.2d 1049 (Houston Oil & Minerals Corp. v. American International Tool Co.) 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
Houston Oil & Minerals Corp. v. American International Tool Co., 827 F.2d 1049, 1988 A.M.C. 1315, 1987 U.S. App. LEXIS 12665 (5th Cir. 1987).

Opinion

POLITZ, Circuit Judge:

American International Tool Company (AITCO), the owner-lessor of a “mud saver sub,” a solid steel pipe-like device used in oil well drilling operations, and AMF Tuboscope, Inc., a codefendant who inspected the sub prior to its use, appeal a judgment after a bench trial awarding damages to Houston Oil & Minerals Corporation, owner of a mineral lease. We modify the judgment and, as modified, affirm.

Background

Houston Oil, co-owner and operator of an oil, gas, and mineral lease, acting through its parent corporation, Tenneco, Inc., arranged for Marine Drilling Company, a drilling contractor, to drill a well on its lease. The Houston Oil lease is located offshore Louisiana in Vermillion Block 75. The well was drilled from Marine Drilling’s jackup drilling vessel, the J. Storm IX.

The mud saver sub is a tubular, solid-steel tool, approximately three feet in length, used as a connector between the kelly, the portion of pipe that goes through the rotary table, and the drill stem. The device has dual functions: to prevent the waste of the drilling mud in the kelly when the drill pipe is “broken off” (unscrewed) during entry into or withdrawal from the hole, and to bear the brunt of the forces and stresses involved in breaking and “making up” the drill stem during the addition or removal of joints of pipe.

The sub has a box end which connects to the kelly and a pin end which joins to the drill pipe. The center of the housing is bored to receive an internal spring valve. The entire circumference of the center of the sub is machined to create a recessed area approximately six inches in length and one-eighth inch deep. A rubber protector is affixed in this area to serve as a bumper or guard when the sub strikes the casing through which the drill pipe passes. Stresses concentrate at the recess and are relieved by smooth curves called fillets. The dynamics are such that curved fillets attract far less stress than those cut at 90 degrees. The sub in the case before us had [1052]*1052two fillet radii, one near the box end and one near the pin end.

Oil Tool Machine fabricated the sub and sold it to AITCO, who fitted the internal valve. AITCO employed AMF Tuboscope, an inspection company, to perform a “full-length dry powder magnetic particle inspection” on the subject sub and several other new subs. The purpose of the test was to detect any cracks or scoring in the metal. The magnetic particle test is performed by applying a magnetic field to the metal surface to be tested, dusting the surface with fine metal filings and then blowing the fine powder off. Any powder remaining signals a crack or scoring in the metal surface.

There was conflicting evidence whether the AMF inspector found a machining notch. The sub was repaired twice. After a leak was noted, the box end was refaced by OTM. During the second inspection, which extended only to the box and pin end connections, galling of the box end was noted and that end was re-machined. The sub was then again rented to Houston Oil.

On January 4, 1982, Marine Drilling was reaming the hole, that is to say, the hole was being cleaned and smoothed. The sub broke in two. The break occurred at the fillet radius on the box end. At that time the bottom of the hole was at 14,649 feet. The drill string was extended to a point where the drill bit was approximately 375 feet from the bottom of the hole. When the sub broke the drill stem fell down the hole.

“Fishing” operations were partially successful. The nearest part of the drilling stem, including the bottom part of the sub, was removed by use of an “overshot.” Ultimately, the well had to be “sidetracked” and redrilled. Twenty-two days of drilling time were lost.

Houston Oil sued, inter alia, AITCO, OTM, and AMF Tuboscope, urging theories of negligence and products liability. Applying Louisiana law, made applicable by the Outer Continental Shelf Lands Act (Lands Act), 43 U.S.C. §§ 1331-1356, the trial court cast all three defendants in judgment for the damages occasioned by the failure of the mud saver sub. This appeal followed.

Analysis

A. Choice of law: does maritime law control?

The parties and the trial court uncritically accepted the application of the Lands Act, which calls into play “as the law of the United States,” the law of the state adjacent to the offshore site, in this instance Louisiana. We conclude likewise, but deem this important issue worthy of discussion.

Since Judge Wisdom’s definitive opinion for this court in Offshore Co. v. Robison, 266 F.2d 769 (5th Cir.1959), we have held consistently that the general maritime law remedies for a vessel’s unseaworthiness, the protections of maintenance and cure, and the statutory rights provided by the Jones Act, 46 U.S.C. § 688, extend to certain oil field employees working on special-purpose watercraft in the exploration for oil and gas lying beneath navigable waters. Our cases applying the Jones Act and general maritime law to accidents aboard submersible, semi-submersible, jackup, and other movable rigs located in inland shallows, on the outer continental shelf, or the high seas, are legion. See, e.g., Vickers v. Chiles Drilling Co., 822 F.2d 535 (5th Cir. 1987) (Jones Act and maritime law applied on jackup rig); Rogers v. Eagle Offshore Drilling Services, Inc., 764 F.2d 300 (5th Cir.1985) (seaman on inland drilling barge denied recovery, applying Jones Act and general maritime law); Domangue v. Penrod Drilling Co., 748 F.2d 999 (5th Cir. 1984) (Jones Act and general maritime law applied to accident aboard drilling barge); Wallace v. Oceaneering Int’l., 727 F.2d 427 (5th Cir.1984) (accident aboard semisubmersible rig bolted to Gulf floor); Lambert v. Diamond M Drilling Co., 683 F.2d 935 (5th Cir.1982) (semisubmersible rig); Spinks v. Chevron Oil Co., 507 F.2d 216 (5th Cir.1975) (maintenance and cure issue on jackup rig); Case v. D.J. McDuffie, Inc., 502 F.2d 969 (5th Cir.1974) (drill barge unseaworthiness); Dugas v. Pelican Const. Co., 481 F.2d 773 (5th Cir.1973) (unseaworthiness of inland submersible drilling [1053]*1053barge); Thibodeaux v. Rowan Drilling Co., 429 F.2d 573 (5th Cir.1970) (unseaworthiness of submersible rig afloat in Gulf of Mexico). See also, D.J. McDuffie, Inc. v. Old Reliable Fire Ins. Co., 608 F.2d 145 (5th Cir.1979) (maritime law applied to property damage claim for capsize of submersible drilling barge).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
827 F.2d 1049, 1988 A.M.C. 1315, 1987 U.S. App. LEXIS 12665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-oil-minerals-corp-v-american-international-tool-co-ca5-1987.