Vogt v. Wheat

232 So. 2d 526, 1970 La. App. LEXIS 5817
CourtLouisiana Court of Appeal
DecidedJanuary 12, 1970
DocketNo. 3653
StatusPublished
Cited by1 cases

This text of 232 So. 2d 526 (Vogt v. Wheat) 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
Vogt v. Wheat, 232 So. 2d 526, 1970 La. App. LEXIS 5817 (La. Ct. App. 1970).

Opinions

SAMUEL, Judge.

Plaintiff filed this suit in tort seeking damages for personal injuries sustained while he was working on a drilling rig as an employee of Gurtler, Hebert, Inc. Shell Oil Company, for whom the drilling was being done, had employed Gurtler to drive conductor pipe. Named defendants are Circle Drilling Company, Inc., owner and operator of the rig, and its tool pusher at the time of the accident, Alton Wheat. The petition alleges the injuries resulted from the negligence of Wheat. The two defendants answered, denying negligence on their part and alternatively pleading contributory negligence on the part of plaintiff. Wheat also pleaded assumption of the risk and, by amended answer, Circle alternatively further averred plaintiff was its borrowed servant, pro hac vice, and therefore workmen’s compensation was his exclusive remedy against Circle. Gurtler intervened to recover compensation benefits it had paid in the event judgment was rendered in plaintiff’s favor.

Prior to trial, but more than a year after the occurrence of the accident, Circle and Wheat filed third-party demands against Gurtler, certain named employees, managers, superintendents and/or department heads of Gurtler, and their insurer, alleging negligence on the part of the third-party defendants and seeking judgment against them for full indemnity or, alternatively, legal contribution as to any judgment which might be rendered on the main demand against the third-party plaintiffs. To these third-party demands Gurtler filed exceptions of no right or cause of action (based on the contention that as plaintiff’s employer it was exempt from tort liability) and the remaining third-party defendants filed exceptions of prescription.

[528]*528After an extended trial the district judge concluded that: The borrowed servant doctrine was inapplicable and therefore Circle could be held liable in tort; Gurtler was protected by the workmen’s compensation law and for that reason could not be held liable in tort; the exceptions of prescription filed by the third-party defendants were well founded; Wheat and Circle had been guilty of negligence; and there had been contributory negligence on the part of plaintiff which barred a recovery by him. Accordingly, the trial court judgment dismissed plaintiff’s demand, the intervention of Gurtler and the third-party demands of Circle and Wheat.

Plaintiff has appealed therefrom, contending the trial court was in error in finding contributory negligence on his part. Circle and Wheat have answered that appeal, contending there was no negligence on the part of Wheat; in addition, those two defendants have taken a protective appeal from the judgment dismissing their third-party demands (See Vogt v. Wheat, La.App., 222 So.2d 579, in which we denied a motion to dismiss that appeal).

As found by the trial court and by us, the record reveals the following facts:

Circle’s rig, located in a swampy area near Good Hope, Louisiana, had been in the process of “rigging up” for about three days. The rig floor was approximately 30 to 35 feet square and 20 feet above the ground. At the front-center edge of the rig floor a “pipe slide” or “V-door ramp” extended at an angle toward the ground to a catwalk. The “V-door ramp” is used in pulling pipe from the catwalk into the derrick and thus in position to be driven into the hole. The catwalk was approximately 55 to 58 feet long, 5 feet wide and 4 feet high. A rack containing conductor pipe was parallel to the catwalk. The rack and the catwalk were in front of the rig. There was a rotary table in the center of the rig floor directly beneath the crown block atop the derrick. This rotary table was 8 to 10 feet from the V-door, i. e., the upper end of the pipe slide.

On the day of the accident a Gurtler hammer crew went to the rig site for the purpose of driving conductor pipe. It consisted of Lazio Gyomlai, hammer engineer in charge of the crew; plaintiff, hammer mechanic; and Tony Chandler, a welder. Following some argument between Gyomlai and Wheat as to the manner in which the same was to be accomplished, the heavy hammer was raised from the flatbed trailer truck which had brought it to the drilling site and place upright on the rotary table.

While the hammer was in that position Gyomlai and plaintiff removed the slings and attached smaller slings and a spreader bar. After this was done the hammer required servicing, which included fueling, greasing and attaching a bent welding rod to the hammer’s fuel pump to which a one-quarter inch and approximately 70' to 100' long “tag line” was to be attached. The purpose of the “tag line” is to control the operation of the hammer while pipe is being driven; it can be attached at any time before the hammer begins operating.

Under the supervision of Gyomlai plaintiff began servicing the hammer on the rig floor. He fueled and greased the hammer and placed a bent welding rod into a hole in the fuel pump lever located inside the leads or sheathing surrounding the hammer. While he was so engaged Chandler welded a drive shoe on the far end of the first joint of pipe to be driven. At that time the joint was on the pipe rack. The drive shoe is placed on the bottom of the first joint in order to prevent the pipe from folding or splitting while it is being hammered into the ground.

Plaintiff’s next duty was to attach one end of the tag line to the bent welding rod. In order to accomplish this it was necessary to reach above his head and place his hands and a portion of his arms inside the hammer’s metal sheathing. On this occasion Gyomlai thought the tag line had been secured before that act had been accom[529]*529plished. He pulled the line from plaintiff, brought one end of it to the right front corner of the rig floor and dropped that end to the ground so that it could be used to raise Chandler’s welding leads to the floor. Gyomlai then walked to the back of the rig and down the stairs located there. When the tag line was pulled from him plaintiff left the hammer and went to the right front corner of the floor where he was joined by Chandler after the latter had tied the line to his welding leads. Together the two lifted the leads to the rig floor. Chandler then left the rig floor to get a drink of water while plaintiff was coiling the tag line.

In the meantime the Circle crew had commenced raising the first joint of conductor pipe to be driven. That joint, the one to which Chandler had welded the drive shoe, was longer than any such pipe previously handled by the Circle crew. It was being raised by the use of a cat line and an air hoist line. Both lines passed through sheaves in the top of the derrick, 133 feet above the level of the rig floor, and the end of each was secured to the joint of pipe being raised. Circle’s tool pusher, Wheat, was operating the cat line control located on the right rear of the rig floor. Sanders, another Circle employee, was operating the air hoist control located on the left front side of the rig floor. White, Circle’s driller, also was on the rig floor directing the pipe raising operation.

As the first joint of conductor pipe was being raised the drive shoe on its far end was caught on the edge of the catwalk and the pipe “hung up” with its hauling end approximately 4 feet above and 12' to 15' forward of the rig floor. It remained in that position for some 3 to 5 minutes while Circle roughnecks at the catwalk were attempting to disengage the pipe from the walk. The joint was thus suspended during the time plaintiff and Chandler were raising the welding leads.

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Related

Vogt v. Wheat
233 So. 2d 565 (Supreme Court of Louisiana, 1970)

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Bluebook (online)
232 So. 2d 526, 1970 La. App. LEXIS 5817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogt-v-wheat-lactapp-1970.