Sheffield v. Union Texas Petroleum Corp.

592 So. 2d 471, 1991 WL 273333
Louisiana Court of Appeal·Decided December 18, 1991·No. 90-624·Published·Cited by 5 cases

Opinion

592 So.2d 471 (1991)

Milton E. SHEFFIELD and Betty H. Sheffield, Plaintiffs-Appellants,
Aetna Casualty & Surety Company, Intervenor-Appellant,
v.
UNION TEXAS PETROLEUM CORPORATION; Universal Products, Inc.; Thunderbay Contractors, Inc.; Prime Manpower, Inc.; Weldon Miller Contractors, Inc.; and Automation USA, Inc., Defendants-Appellees.

No. 90-624.

Court of Appeal of Louisiana, Third Circuit.

December 18, 1991.

*472 Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Joseph L. Lemoine, Jr., John A. Bernard, Lafayette, for plaintiff-appellant.

Voorhies & Labbe, James P. Lambert, Lafayette, for Prime Manpower-Audubon Ins.

Liskow & Lewis, S. Gene Fendler, New Orleans, for Union Tex. Petroleum.

Broussard & David, Hal J. Broussard, Lafayette, for Automation USA.

Michael S. O'Brien, Judith Z. Gardner, Lafayette, for Aetna.

Preis, Kraft & Daigle, Susan A. Daigle, Charles Mouton, Lafayette, for Miller Contractors.

Roy, Carmouche, Bivins, Judice, Henke & Breaud, Philip E. Roberts, Lafayette, for Thunderbay.

Gregg Spyridon, New Orleans, for defendant-appellee.

Before DOMENGEAUX, C.J., and GUIDRY and KING, JJ.

KING, Judge.

This appeal presents for consideration the correctness of the actions of the court and jury in rejecting plaintiffs' claims and the action of the trial court in assessing court costs.

This suit arises from an accident which occurred on a two-story metal platform which was located on a barge while it was being refurbished for use in offshore oil production. This appeal comes before this court, after a trial on the merits, as a result of a judgment of the trial court granting directed verdicts in favor of some defendants and a jury verdict finding another defendant not liable.

The following are the principal parties in this matter:

A. Plaintiff, Milton Sheffield (hereinafter the plaintiff), who was an employee of Weldon Miller Contractors and who was *473 employed as a welder on the two-story metal platform (hereinafter the platform).

B. Defendant, Weldon Miller Contractors, Inc. (hereinafter Miller), was the lessee of the barge on which the platform was located during the refurbishing operation (hereinafter the job) on the platform. Miller was also the contractor for the job at the time of the accident. Don Smith (hereinafter Smith), an employee of Miller, was supervisor of the job.

C. Defendant, Union Texas Petroleum Corporation (hereinafter Union Texas), owner of the platform that was destined to become an offshore oil and gas production platform. Dirk Daigle (hereinafter Daigle), an employee of Union Texas, was coordinating efforts on the job between Union Texas and Automation.

D. Defendant, Automation USA, Inc. (hereinafter Automation), was the company hired by Union Texas to install a safety system on the platform during the job. Ivan Jumonville (hereinafter Jumonville) and Ronald Bouvillion (hereinafter Bouvillion) were employees of Automation.

E. Defendant, Universal Products, Inc. (hereinafter Universal), was hired by Union Texas to lay out piping and production equipment on the job. Monty Richard (hereinafter Richard), its employee, was to oversee the job.

F. Defendant, Thunderbay Contractors, Inc. (hereinafter Thunderbay), furnished construction crews of painters and sandblasters for the job.

G. Defendant, Prime Manpower, Inc. (hereinafter Prime Manpower), furnished welder's helpers for the job on the day of the accident.

H. Intervenor, Aetna Casualty & Surety Company, was the worker's compensation insurer of Miller, and intervened in this suit seeking reimbursement of worker's compensation benefits paid to plaintiff.

After completion of the jury trial, a formal written judgment was signed on May 1, 1990. From this adverse judgment, plaintiff and intervenor timely appealed.

After the judgment was signed, intervenor filed a Motion To Amend Judgment seeking relief from being cast for one-half of the court costs in this matter. This motion was denied and a judgment denying the motion was signed on June 27, 1990. Intervenor timely appealed this judgment. This appeal was consolidated on appeal with this matter and, since both cases involve the same litigation in the trial court and involve substantially the same issues and applicable law, our opinion herein will be applicable but we will issue a separate judgment in the appeal entitled Sheffield v. Union Texas Petroleum Corporation, 592 So.2d 477 (La.App. 3 Cir.1991).

We affirm.

FACTS

On July 5, 1984, plaintiff was injured while employed as a welder for Miller. Miller was under contract with Union Texas to provide labor and some materials for the refurbishment of a two-story metal platform which was destined to be used in offshore oil and gas production. This part of the job was to be Phase II of the job. Earlier, Miller had conducted and successfully completed Phase I of the job which entailed acquiring the platform, loading it onto Miller's barge, transporting the barge to Miller's yard, removing all the old equipment from the platform, sandblasting and painting the platform, and installing handrails.

Phase II of the job was installation of production and safety equipment on the platform and required Union Texas to also employ the services of Universal for blueprints and pipe work, and to employ Automation to install a safety shut down system. Since Automation did not have its own welders, it borrowed a welder, Mr. Jim Lewis from Miller to assist with the installation of angle iron to be used as brackets on the platform.

The installation of the safety system required the attachment of pieces of angle iron, approximately 30 inches long and weighing approximately 30 pounds (hereinafter the angle iron) to the underside of the *474 second floor of the platform, approximately 40 feet above the deck of the barge. These pieces of angle iron were to serve as "brackets" to which other equipment would be attached. The pieces of angle iron were first attached by only "tack welding" to the underside of the top deck with the intention of firmly welding them in place.

At the time the pieces of angle iron were being tack welded, other work on the platform and barge was being done simultaneously. Plaintiff was welding on the barge deck some 35 to 40 feet below the deck where the pieces of angle iron were being attached but was not working directly under the area where the pieces of angle iron were being attached. Before the pieces of angle iron could be firmly and permanently welded, one of them became loose and fell from above, bounced off a cylindrical tank on the first deck of the platform, fell further, and then struck plaintiff's back and head. Plaintiff sustained injuries from this accident. He has undergone two surgeries on his back and has suffered back pain, headaches and personality dysfunction as well as a host of other physical complaints.

Plaintiff and his wife, Betty H. Sheffield, filed suit seeking recovery of the damages they sustained as the result of the accident. Made original defendants and later third party defendants, defendants-in-reconvention, and defendants in cross-claims were Miller, Union Texas, Automation, Universal, Thunderbay, and Prime Manpower. Aetna intervened as the worker's compensation insurer of Miller.

The trial court granted pre-trial Motions For Summary Judgment for Thunderbay and Miller and dismissed them from the suit.

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Sheffield v. Union Texas Petroleum Corp., 592 So. 2d 471, 1991 WL 273333 (La. Ct. App. 1991).

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