Placide v. Jay

378 So. 2d 473, 1979 La. App. LEXIS 3154
CourtLouisiana Court of Appeal
DecidedNovember 12, 1979
DocketNo. 7134
StatusPublished
Cited by3 cases

This text of 378 So. 2d 473 (Placide v. Jay) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Placide v. Jay, 378 So. 2d 473, 1979 La. App. LEXIS 3154 (La. Ct. App. 1979).

Opinion

CULPEPPER, Judge.

This is a personal injury suit arising out of an accident which occurred on June 12, 1975. While working as a driller for International Salt Company at the Avery Island Salt Mine, plaintiff, Herbert Placide, Jr., was injured when violently strück in the groin area by a wrench used in the drilling operation. Made defendants are: (1) Lester Jay, plant manager, (2) Gerald Lavio-lette, shift production foreman, (3) Bruce Young, mine supervisor, (4) Harold Mosele, personnel manager, (5) Donald Mooney, maintenance supervisor, (6) Aetna Casualty & Surety Company, liability insurer for International Salt, and its executive officers; and (7) J. H. Fletcher & Company, manufacturer of the drilling rig being operated by plaintiff at the time of the accident. Plaintiff contends that the defendant executive officers of International Salt were negligent in failing to provide him safe equipment and a safe place to work. The liability of the J. H. Fletcher Company is based on the allegation that the drilling rig was defective, in that it lacked additional safety devices. Aetna Casualty & Surety [475]*475intervened as workmen’s compensation insurer for International Salt to recover benefits paid to plaintiff. By unanimous verdict, a jury found defendants Lester Jay and Bruce Young negligent and the plaintiff not guilty of contributory negligence. The jury awarded damages in the amount of $540,000.00. J. H. Fletcher Company was not found negligent. Defendants, Jay, Young and Aetna have appealed. Plaintiff answered the appeal, contending that La-violette and Mooney were also negligent.

The issues are: (1) Were the defendant executive officers negligent? (2) Was plaintiff contributorily negligent? (3) Must the award be reduced?

GENERAL FACTS.

At the time of the accident, plaintiff had been employed by International Salt for nine years. He started as a loading attendant, but, within a year, began working in the caverns down below the surface of the earth. When first down in the mines, plaintiff was a driller’s helper. As such, he was taught to operate the drilling machines by older, experienced workers. Eventually, plaintiff became a full-time driller and regularly operated a certain drilling machine manufactured by the J. H. Fletcher Company, known as a “Fletcher rig.”

The machine is like a miniature oil drilling rig. It is used to drill vertical holes in the floor of the salt mine, into which holes explosives are. inserted. There is an overhead rotary block into which drill pipes, each about ten feet long, are screwed. The rotary block turns in a clockwise direction and moves downward as the drilling bit penetrates the salt. While turning, the drill pipe is in a recessed groove in a vertical boom.

As manufactured, the rig was equipped with a metal clamp, concave in shape, bolted to the vertical boom. The clamp was hinged, so it could be latched over the drill pipe to hold it in the groove. The purpose of the clamp was to keep the drill pipe from bending and coming out of the groove due to vibration while the drill was turning. The clamp had been missing from plaintiff’s rig for several weeks before the accident.

The operator stands on a platform, about four feet above the floor and attached to the vertical boom. He causes the rotary block to turn in a clockwise motion and to simultaneously move downward to drill the pipe into the salt. Depending on the depth of the hole desired, it was necessary to use a number of pipe segments. After one pipe had been drilled down, the segment was disengaged and a second pipe segment was inserted. This sequence was repeated until the desired depth was reached.

When the hole was completed, the drill pipe was removed by reversing the drilling process. The accident in the present case occurred while plaintiff was removing segments of pipe from the hole. The procedure was to raise the drill head and pull the pipe out of the hole one segment at a time. As each segment came out of the hole, it was unscrewed, first from the pipe segment still in the floor and then from the drill head. The connection between the segment being removed and the pipe still in the floor was loosened by using a mechanically operated vise, to hold the segment in the hole, while the operator loosened with a pipe wrench the segment to be removed. Then, to unscrew the connection between the pipe being removed and the drill, the drill was activated in a counter-clockwise motion, and the spinning pipe was manually gripped with a pipe wrench. The operator held the wrench against the vertical boom on the back side of the pipe until the wrench caught the pipe and unscrewed it. When the pipe was completely unscrewed, both from the segment in the floor and from the drill head, it was manually removed by the operator and stored on a pipe rack.

The accident occurred as plaintiff was removing the first pipe segment. He had used the mechanical vise and loosened with a pipe wrench the connection between the segment still in the floor and the segment to be removed. Then, as he customarily did, he turned on the drill counter-clockwise and held the pipe wrench behind the spinning drill pipe and braced against the vertical boom. As the pipe wrench caught and held the spinning pipe, the pipe, not being [476]*476latched, came out of its groove. This caused plaintiff to lose his hold on the pipe wrench. The handle of the wrench suddenly moved in a counter-clockwise direction toward plaintiff, who was standing on the platform. The handle of the wrench struck plaintiff near the base of his penis. There was no protective barrier between the operator and the drilling rig to prevent such an accident.

NEGLIGENCE OF THE EXECUTIVE OFFICERS

The evidence is clear that the protective clamp had not been on the drilling rig for several weeks, and that the executive officers knew this. A member of the safety committee had reported it to the supervisory personnel, but no corrective action was taken. Missing or defective clamps were frequent problems.

Defendants contend there was no credible evidence which showed negligence on the part of International Salt’s supervisory personnel. Defendants attack the credibility of plaintiff’s testimony as to how the accident happened. They also attack the opinion of plaintiff’s expert that the pipe bowed out of its groove under the force of the wrench. Thus, defendants argue plaintiff has failed to establish the absence of the clamp as the cause of the accident.

Plaintiff was the only witness to the accident. He testified the pipe “broke away”, but that it happened so fast he was unable to offer any explanation as to how or why the accident occurred. Plaintiff’s expert was of the opinion that, since the pipe was not clamped, it bowed, from pressure of the wrench, and came out of its groove, and this caused plaintiff to lose his hold on the wrench.

Plaintiff’s description of what happened was consistent with the experience of others who have operated the drilling rig. Two witnesses testified they had similar accidents while performing the same operations. It should be noted that defendants offered no expert and no alternative explanation as to how the accident might have occurred.

There was much testimony concerning the relationship between the absence of the clamp and the resulting accident. Defendant Mooney, maintenance foreman, and de-, fendant Young, mine superintendent, both testified that it would be impossible for the pipe to move out of the groove if the clamp was in place.

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Bluebook (online)
378 So. 2d 473, 1979 La. App. LEXIS 3154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/placide-v-jay-lactapp-1979.