Johnson v. PPI Technology Services, L.P.

13 F. Supp. 3d 614, 2014 A.M.C. 2897, 2014 U.S. Dist. LEXIS 46235, 2014 WL 1330084
District Court, E.D. Louisiana·Decided April 3, 2014·No. Civil Action Nos. 11-2773, 12-1534, 11-2773·Published·Cited by 2 cases

Opinion

ORDER & REASONS

CARL J. BARBIER, District Judge.

Before the Court is Defendant Global-SantaFe Offshore Services Inc. (“GSF”)’s Motion for Summary Judgment (Rec. Doc. 353), Plaintiff James Johnson (“Johnson”)^ opposition thereto (Rec. Doc. 385), and GSF’s reply to the same. (Rec. Doc. 392) GSF’s motion was set for hearing on March 26, 2014, on the briefs. Having considered the motion and legal memoran-da, the record, and the applicable law, the Court finds that GSF’s motion should be GRANTED for the reasons set forth more fully below.

PROCEDURAL HISTORY AND BACKGROUND FACTS

This action arises out of claims for negligence under the Jones Act and for unseaworthiness, negligence, and maintenance and cure under general maritime law. Johnson asserts that on November 8, 2010, he was working as a seaman on the HIGH ISLAND VII, a jack-up drilling rig located approximately twelve miles off of the Nigerian coast. Johnson alleges that at approximately 12:30 a.m., Nigerian gunmen boarded the rig and shot Johnson in leg with an AK-47 rifle at close range. As a result, Johnson alleges that he suffered severe damage to his leg which required numerous surgeries, a muscle transplant, and months of hospitalization.

Johnson filed suit on November 8, 2011, naming as Defendants PPI, PSL, Ltd. (“PSL”), Transocean, Ltd. (“Trans ocean”), and Aíren, PLC. Following the filing of the original complaint, Johnson added GSF as a Defendant.1 On September 21, 2012, the Court dismissed Afren, PLC from this action following Plaintiffs motion for voluntary dismissal. (Rec. Doc. 80) On May 31, 2013, 2013 WL 2404237, the Court dismissed Johnson’s claims against PSL based on its finding that this Court lacked personal jurisdiction over PSL. (Rec. Doc. 223) GSF then filed the instant motion on February 24, 2014.

PARTIES’ ARGUMENTS

GSF seeks summary judgment on all claims asserted against it by Johnson. GSF argues that Johnson’s Jones Act claim fails because GSF is not Johnson’s employer. Further, GSF contends that Johnson’s unseaworthiness claim fails because Johnson has judicially admitted GSF is not the owner of the vessel in question and because it is undisputed that GSF neither owned or operated the vessel. Finally, GSF avers that Johnson’s general maritime negligence claim fails because it had no duty to Johnson as GSF did not control any of the workers, but rather only paid them. GSF avers that another entity, Transocean Support Services Nigeria Limited (“TSSN”), controlled the rig workers.

Johnson opposes GSF’s motion inasmuch as it seeks summary judgment on his general maritime negligence claims. He avers that three employees — James Robertson, Tim Ashley, and Danny Ball — who were aboard the vessel the night of the incident, were employed by GSF. Johnson asserts that Ball and Ashley were responsible for security, and that Robertson knew the details of how the gunmen [618] boarded the rig and overhead Ashley and a “security man” discuss that the security man was leaving the rig for the night. Johnson argues that, based on this evidence, it is clear that certain workers on the rig committed errors and omissions for which GSF is liable. Johnson further argues that GSF’s argument that it does not actually employ any of its payroll employees fails because one who pays an employee remains their employer, even if he become a borrowed servant of another entity. Johnson does not oppose the motion as it relates to his Jones Act and unseaworthiness claims.

LEGAL STANDARD

Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing Fed.R.Civ.P. 56(c)); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). When assessing whether a dispute as to any material fact exists, the Court considers “all of the evidence in the record but refrains from making credibility determinations or weighing the evidence.” Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398 (5th Cir.2008). All reasonable inferences are drawn in favor of the nonmoving party, but a party cannot defeat summary judgment with conclusory allegations or unsubstantiated assertions. Little, 37 F.3d at 1075. A court ultimately must be satisfied that “a reasonable jury could not return a verdict for the nonmoving party.” Delta, 530 F.3d at 399.

If the dispositive issue is one on which the moving party will bear the burden of proof at trial, the moving party “must come forward with evidence which would ‘entitle it to a directed verdict if the evidence went uncontroverted at trial.’” Int’l Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1263-64 (5th Cir.1991) (citation omitted). The nonmoving party can then defeat the motion by either countering with sufficient evidence of its own, or “showing that the moving party’s evidence is so sheer that it may not persuade the reasonable fact-finder to return a verdict in favor of the moving party.” Id. at 1265.

If the dispositive issue is one on which the nonmoving party will bear the burden of proof at trial, the moving party may satisfy its burden by merely pointing out that the evidence in the record is insufficient with respect to an essential element of the nonmoving party’s claim. See Celotex, 477 U.S. at 325, 106 S.Ct. 2548. The burden then shifts to the nonmoving party, who must, by submitting or referring to evidence, set out specific facts showing that a genuine issue exists. See id. at 324, 106 S.Ct. 2548. The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for trial. See, e.g., id. at 325, 106 S.Ct. 2548; Little, 37 F.3d at 1075.

DISCUSSION

A. Jones Act Claims

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Johnson v. PPI Technology Services, L.P., 13 F. Supp. 3d 614, 2014 A.M.C. 2897, 2014 U.S. Dist. LEXIS 46235, 2014 WL 1330084 (E.D. La. 2014).

13 F. Supp. 3d 614 (Johnson v. PPI Technology Services, L.P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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