Hutson v. Search Drilling Co.

635 S.W.2d 900, 1982 Tex. App. LEXIS 4838
CourtCourt of Appeals of Texas
DecidedJune 24, 1982
DocketNo. 18646
StatusPublished

This text of 635 S.W.2d 900 (Hutson v. Search Drilling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hutson v. Search Drilling Co., 635 S.W.2d 900, 1982 Tex. App. LEXIS 4838 (Tex. Ct. App. 1982).

Opinions

OPINION

MASSEY, Chief Justice.

As plaintiff, Cody Ray Hutson brought suit against defendant Search Drilling Company, Inc. for personal injuries sustained when, in the performance of duties as a member of a “casing crew” company employed as an independent contractor to run drilling pipe into a well of the drilling company, the Drilling Company’s equipment, in use in the casing operation, struck and injured him. Hutson alleged, among other things, that Drilling Company was negligent, through its agents, servants, or employees, in failing to keep a proper lookout for his safety.

Following jury trial a judgment that Hutson take nothing by his suit was rendered upon the jury’s verdict. Therefrom he appealed.

Reversed; cause remanded for another trial. Because the charge denied opportunity to the jury to find for Hutson on a special issue supported by evidence under his pleadings and because such an opportunity would have been afforded, had Hut-son’s specially requested special issue been submitted and not denied, we hold there was reversible error.

The operation taking place at the premises and rig of Drilling Company was that of running casing (four and one-half inch production pipe) into the well-hole. In this operation the casing is rolled onto a plat[901]*901form or “catwalk” at one side of the rig, one section at a time. By “elevators”, a gripping device clamped onto each section at the end nearest the rig, casing is secured so that the end seized may be lifted by a cable and dragged toward the rig and upward into the top portion of the same so that the rear-end, or off-end, drags along the “catwalk” until it gradually moves to the perpendicular and then completely free and in position where the off-end is immediately above the well-hole and any casing already inserted in the hole. At this point such off-end is maneuvered into position where — by its threading at such end — it may be screwed into and safely attached to the casing already in the hole. With this accomplished the entire length of pipe thus joined, and already joined below and lowered into the hole, may be lowered further.

On the occasion in question, however, such an operation was never completed. The “elevators” were clamped to the end of a section of casing pipe. The Drilling Company’s operation of the draw-works machinery, which tightened the cable in order to lift the end nearest the rig and then draw the casing so that it might drag along the catwalk, began the process of moving this last-mentioned joint of casing towards its intended destination. At this point, the off-end of the section became caught so that it ceased its forward sliding movement. The cable and the “draw-works” near its upper end was observed to tighten improperly and thus cause the near end of the casing to “rear up”, all as a result of the cessation of the anticipated sliding movement as the off-end of the pipe section moved — or was supposed to move — toward the rig. This was observed by Drilling Company’s driller, the man operating the “draw-works” machinery, as well as by other employees working during the casing operation in question. The driller immediately “applied the brakes” to stop such process of movement. However, all present then observed that whatever it was which had occasioned the stoppage of the off-end of the section of pipe released and lost its operative force and therefore allowed the rapid movement of the pipe toward the rig. The weight of the pipe and machinery to which it was attached, coupled with the rapidity of movement, created a dangerous situation to any person or thing in the direction of the movement.

The obvious danger to the employees located on the floor of the drilling rig caused them to react and evacuate with great haste; however, Hutson was the person in the direction toward which all the foregoing moved and was not similarly free to take evasive action. He was in the proper place for performance of his task of “stabber” during the operation being conducted, which was approximately 40 feet above the floor in the derrick at a platform where he would supply aid for positioning (or “stabbing”) the casing for attachment to casing already in the hole. He was struck and severely injured.

There was immediate investigation by nearly all present, employees of Drilling Company and of the independent contractor by which Hutson was employed. Discovered was a “rent” on the surface of the “catwalk”, running lengthwise approximately 2 feet and between 1 and 3 inches wide, with the metal at the side pulled up or curled up. There was nothing else to be observed which could have played a part in the stoppage or cessation of movement by the section of casing.

The “catwalk” was constructed by the welding of two pieces of iron, each 4 feet in width, so that an 8 foot wide platform was resultant, of sufficient length to afford efficient space for a section of casing to be rolled onto it to be attached by “elevators” for the initiation of the process described above. There was no evidence of anything to have caused the condition immediately before the last section of casing was rolled onto the “catwalk”. Without its presence, at least in some degree, the event resulting in the injuries sustained by Hutson would not have occurred on the occasion.

The nature of the conduct of trial by Hutson was directed to showing the above, [902]*902matter not in dispute, plus evidence that Drilling Company through one or more of its employees, including but not confined to its driller who was operating the machinery to move and elevate the casing, should in the exercise of ordinary care have kept a proper lookout sufficient to have discovered the existence of the defect and in light thereof have prevented the physical action resulting in Hutson’s injuries or to have so altered operations so that injury to anyone would be avoided despite its existence.

Over the objection of Hutson the trial court submitted its Special Issue # 1, reading as follows:

“Do you find from a preponderance of the evidence that on the occasion in question that under the circumstances Search Drilling Company, Inc., acting through its draw works operator, Mr. Billy Spencer, was negligent, as that term is defined herein, in the lookout he was keeping of the moving equipment under his control?”

The trial court overruled Hutson’s objections and exceptions taken thereto. Part of Hutson’s objections were that “said issue is a mere shade and phase of the overall lookout issue which should be submitted to the jury in this case. The court is urged that the testimony elicited during the trial clearly indicates that not only did the agent of the Defendant, Billy Spencer, have a duty, a recognized and stated duty to inspect for and keep a lookout for any dangers or potential dangers with regard to this rig, but moreover, other employees, in fact all employees of the Defendant and in particular its employees on Mr. Spencer’s crew, had this same duty to keep a proper lookout for the safety of the Plaintiff and other people on said location, and that all members of the Defendant’s crew and all agents or servants of the Defendant, were under the same duty and responsibility to keep a lookout for any potential hazard on the location.”

Then Hutson made and submitted to the court the following Specially Requested Special Issue # 1, reading as follows:

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

Related

Loper v. Andrews
404 S.W.2d 300 (Texas Supreme Court, 1966)
Montgomery Ward and Co. v. Marvin Riggs Co.
584 S.W.2d 863 (Court of Appeals of Texas, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
635 S.W.2d 900, 1982 Tex. App. LEXIS 4838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutson-v-search-drilling-co-texapp-1982.