Monte Christo Drilling Co. v. Crossland

477 S.W.2d 362, 1972 Tex. App. LEXIS 2199
CourtCourt of Appeals of Texas
DecidedJanuary 27, 1972
DocketNo. 662
StatusPublished
Cited by3 cases

This text of 477 S.W.2d 362 (Monte Christo Drilling Co. v. Crossland) 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
Monte Christo Drilling Co. v. Crossland, 477 S.W.2d 362, 1972 Tex. App. LEXIS 2199 (Tex. Ct. App. 1972).

Opinion

OPINION

SHARPE, Justice.

This appeal is from a judgment rendered after jury trial in favor of plaintiff-appel-lee in the total amount of $27,428.52, out of which $7,907.70 was awarded to Highlands Insurance Company, the workmen’s com[364]*364pensation carrier for L & W Tong Service, Inc., the employer of appellee Crossland.

Appellee Crossland sued appellant Monte Christo Drilling Corporation for damages on account of personal injuries allegedly sustained by him arising out of an oil field accident on March 30, 1968. On that date Monte Christo was drilling a well in Kle-berg County, southeast of Kingsville, Texas, for Humble Oil and Refining Company, the lease owner. L & W Tong Service had been contracted by Humble to run casing at this well and plaintiff was a member of the crew sent by L & W to perform this work. The casing operation first required that the sections of casing, also sometimes referred to as pipe, be rolled down the pipe rack to the catwalk. There, each section would be lifted through the “V-doors” to the derrick floor by means of a catline — a rope strung from the draw works near the top of the derrick and powered by a spinning cathead located on the derrick floor. Some sections of the pipe had to be lifted over the steps or stairs leading up to the derrick floor before they could be rolled to the catwalk. This was accomplished by hoisting one end of the pipe up with the catline to a height where it would clear the stairs and then manually pushing it past the stairs. The pipe would then be lowered back to the rack and rolled on to the catwalk. Crossland was on the pipe rack and in the process of pushing one of these raised pieces of pipe past the stairs when it suddenly fell, allegedly causing him serious and disabling injuries.

The trial court submitted twelve special issues to the jury, some of which were conditionally submitted and not answered. The jury found in substance that the employees of Monte Christo dropped or too quickly lowered the section of casing pipe in question (issue 1); that such action was negligence (issue 1-A); that such dropping or lowering was a proximate cause of the occurrence in question (issue 2) ; that any of Monte Christo’s employees failed to keep a proper lookout for the safety of Cross-land (issue 3), which failure was a proximate cause of the occurrence in question (issue 4); that on the occasion in question, Monte Christo or its employees were negligent in dropping or lowering the section of casing pipe at the time or in the manner it was (issue 5); that such negligence was a proximate cause of the occurrence in question (issue 6). The jury refused to find that Crossland failed to keep a proper lookout for his own safety (issue 7) ; the proximate cause issue (No. 8) was, conditionally submitted and not answered. The jury further found that on the occasion in question Crossland worked the pipe rack with slippery shoes (issue 9), but refused to find that such working constituted negligence (issue 10); and the proximate cause issue (No. 11) was conditionally submitted and not answered. The damage issue (No. 12) was answered in the aggregate amount of $27,428.52.

Appellant asserts nine points of error which principally involve the contentions: (1) That the trial court erred in refusing to submit special issues to the jury inquiring in substance whether the employees of Monte Christo were acting in the scope of their employment at the time of the accident in question; (2) that special issue one was multifarious; (3) that special issue three was too broad and general; (4) that the trial court erred in refusing to submit appellant’s requested issues C & D, relating to alleged contributory negligence of ap-pellee; (5) that the trial court erred in excluding the testimony of the witness, officer Cavazos; (6) that the trial court erred in submitting both issues 5 and 6 in addition to issues 1 and 2, and that issue 5 is multifarious; (7) that the trial court erred in refusing appellant’s requested instruction in response to a question by the jury during its deliberations.

We first consider appellant’s contention concerning the failure of the trial ^court to submit special issues inquiring whether the employees of Monte Christo were acting in the scope of their employment on the occasion in question.

[365]*365Appellant duly objected to the failure of the trial court to submit scope of employment issues in connection with issues 1 and 2, 3 and 4, 5 and 6, and in such connection requested that its requested issues 1A, 3A and 5A be submitted to the jury. The requested issues read as follows:

Requested Issue 1A:

“Do you find from a preponderance of the evidence that at the time of such dropping or lowering, if any, said employees were acting within the course and scope of their employment for Defendant ?
Answer ‘Yes’ or ‘No’.

Requested Issue 3A:

“Do you find from a preponderance of the evidence that Defendant’s said employee was at the time of such failure, if any, acting within the. course and scope of his employment for Defendant ?
Answer ‘Yes’ or ‘No’.

Requested Issue 5A:

“Do you find from a preponderance of the evidence that at the time of such lowering, if any, such employees were acting within the course and scope of their employment for Defendant?
Answer ‘Yes’ or ‘No’.

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Cite This Page — Counsel Stack

Bluebook (online)
477 S.W.2d 362, 1972 Tex. App. LEXIS 2199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monte-christo-drilling-co-v-crossland-texapp-1972.