Morvant v. Oil States International, Inc.

3 F. Supp. 3d 561, 2014 U.S. Dist. LEXIS 31362, 2014 WL 949419
CourtDistrict Court, E.D. Louisiana
DecidedMarch 11, 2014
DocketCivil Action No. 13-5845
StatusPublished
Cited by4 cases

This text of 3 F. Supp. 3d 561 (Morvant v. Oil States International, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morvant v. Oil States International, Inc., 3 F. Supp. 3d 561, 2014 U.S. Dist. LEXIS 31362, 2014 WL 949419 (E.D. La. 2014).

Opinion

ORDER AND REASONS

LANCE M. AFRICK, District Judge.

Before the Court are two motions1 for summary judgment filed by defendants. Plaintiffs have filed oppositions2 to both motions, and defendants have filed reply memoranda.3 For the following reasons, the motions are GRANTED IN PART and DENIED IN PART.

BACKGROUND

On June 4, 2012, Timothy Morvant, Sr. (“Morvant”) was tragically killed in a workplace accident.4 Morvant was employed as a senior welder/fitter for 15 years by Oil States Skagit Smatco L.L.C. (“OSSS”) at its facility in Houma, Louisiana.5 OSSS is engaged in the design, manufacture, and refurbishment of winches and other products for the marine and offshore industries.6 At the time of the accident, Morvant was fabricating a “501 wall,” which is part of a large winch, when the wall fell and crushed him, causing his death.7

Plaintiffs, the surviving spouse and children of Morvant and Morvant’s estate, filed the above-captioned lawsuit in the [564]*564Southern District of Texas on March 27, 2013.8 Plaintiffs did not sue OSSS,9 which is presumably immune from tort liability under workers’ compensation law. Plaintiffs instead brought claims against Oil States Industries, Inc. (“OSI”) and Oil States International, Inc. (“International”) 10 for their negligence in “failing to adequately manage, supervise, and direct their subsidiary in the performance of its operations and/or implement corporate safety policies.”11 The case was transferred to this Court on September 16, 2013.12 A final pretrial conference is scheduled for March 12, 2014, and a jury trial is scheduled to begin on April 7, 2014.13

Defendants filed the instant motions on February 3, 2014. The first motion requests partial summary judgment with respect to plaintiffs’ punitive damages claims and the estate’s wrongful death and survival claims.14 The second motion requests summary judgment with respect to all plaintiffs’ claims on the basis that OSI and International did not owe a legal duty to Morvant.15 Plaintiffs oppose both motions.16

STANDARD OF LAW

Summary judgment is proper when, after reviewing the pleadings, the discovery and disclosure materials on file, and any affidavits, the court determines there is no genuine issue of material fact. See Fed. R.Civ.P. 56. “[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party seeking summary judgment need not produce evidence negating the existence of material fact, but need only point out the absence of evidence supporting the other party’s case. Id.; Fontenot v. Upjohn Co., 780 F.2d 1190, 1195 (5th Cir.1986).

Once the party seeking summary judgment carries its burden pursuant to Rule 56, the nonmoving party must come forward with specific facts showing that there is a genuine issue of material fact for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The showing of a genuine issue is not satisfied by creating “‘some metaphysical doubt as to the material facts,’ by ‘conclusory allegations,’ by ‘unsubstantiated assertions,’ or by only [565]*565a ‘scintilla’ of evidence.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (citations omitted). Instead, a genuine issue of material fact exists when the “evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The party responding to the motion for summary judgment may not rest upon the pleadings, but must identify specific facts that establish a genuine issue. Id. The nonmoving party’s evidence, however, “is to be believed, and all justifiable inferences are to be drawn in [the nonmoving party’s] favor.” Id. at 255, 106 S.Ct. 2505; see also Hunt v. Cromartie, 526 U.S. 541, 552, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999).

DISCUSSION

A. Duty

The threshold question in this case is whether OSI and International owed any duty to Morvant. A parent corporation generally does not incur any duty with respect to the employees of its subsidiaries by the mere fact of its ownership. Bujol v. Entergy Servs., Inc., 922 So.2d 1113, 1127-28 (La.2004); Little v. Delta Steel, Inc., 409 S.W.3d 704, 717 (Tex.App.2013). In both Texas and Louisiana, courts apply § 324A of the Restatement (Second) of Torts17 in order to determine whether defendants like OSI and International owe a duty to the employees of their subsidiaries.18 Bujol, 922 So.2d 1113; Little, 409 S.W.3d 704. Section 324A states:

One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if
(a) his failure to exercise reasonable care increases the risk of such harm, or
(b) he has undertaken to perform a duty owed by the other to the third person, or
(c) the harm is suffered because of reliance of the other or the third person upon the undertaking.

Although the existence of a duty is a question of law for the Court, the factual predicates for the imposition of that duty are a question for the fact finder. See Johnson v. Abbe Eng’g Co., 749 F.2d 1131, 1133-34 (5th Cir.1984) (“Finding sufficient evidence to support a jury verdict imposing liability under § 324A, we AFFIRM.”); Bujol, 922 So.2d at 1138 (reversing a jury’s verdict regarding § 324A duties); Torrington Co. v. Stutzman,

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
3 F. Supp. 3d 561, 2014 U.S. Dist. LEXIS 31362, 2014 WL 949419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morvant-v-oil-states-international-inc-laed-2014.