Weston Guidry v. Texaco, Inc., Cross-Appellees v. Gulf Copper & Manufacturing Company, Third-Party Cross-Appellant

430 F.2d 781
CourtCourt of Appeals for the Third Circuit
DecidedOctober 9, 1970
Docket28156_1
StatusPublished
Cited by14 cases

This text of 430 F.2d 781 (Weston Guidry v. Texaco, Inc., Cross-Appellees v. Gulf Copper & Manufacturing Company, Third-Party Cross-Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weston Guidry v. Texaco, Inc., Cross-Appellees v. Gulf Copper & Manufacturing Company, Third-Party Cross-Appellant, 430 F.2d 781 (3d Cir. 1970).

Opinions

CLARK, Circuit Judge:

This is another in the expanding line of round-robin admiralty cases descended from Sieracki,1 Ryan2 and Weyerhaeuser.3 Stated most simply, the facts are these: Guidry, an employee of Gulf Copper (and also at the moment a Sieracki seaman), was injured while working aboard Texaco’s tanker the TEXACO NEW YORK. He sued Texaco on theories of unseaworthiness and negligence. Texaco denied liability and impleaded Gulf Copper, seeking indemnity for breach of the warranty of workmanlike performance under the authority of Ryan. Gulf Copper denied that Texaco was liable and by way of further defense alleged that Guidry and Balsano — another employee of Gulf Copper who was working with Guidry — were borrowed servants of Texaco; Gulf Copper also pleaded a defense under the Weyerhaeuser corollary. After a trial to the court, the court found: (1) Texaco was negligent, (2) the TEXACO NEW YORK was unseaworthy, (3) such negligence and unseaworthiness both proximately contributed to Guidry’s injuries, (4) neither Guidry nor Bal-sano were borrowed servants of Texaco, (5) Gulf Copper breached its warranty of workmanlike performance, and (6) Gulf Copper was required to indemnify Texaco but was not liable to Texaco for attorneys’ fees. Texaco and Gulf Copper both appeal severally from the findings adverse to them. Guidry takes no position on the indemnity, borrowed servant or attorneys’ fees questions, but vigorously defends the finding of liability in his favor. We reverse as to Gulf Copper’s liability for Texaco’s attorneys’ fees and affirm as to all else.

Guidry was injured when he and Bal-sano — both pipefitters — were removing a length of pipe from the cooling system of the TEXACO NEW YORK to facilitate cleaning a condenser. The vessel was then docked at Port Arthur, Texas for routine repairs and maintenance. Texaco frequently contracted with Gulf Copper for such parts of this work as came within their specialized line of work. Usually the relations between Texaco and Gulf Copper were informal [783]*783—i.e. no written contracts or detailed plans and specifications were drawn up: Texaco merely told Gulf Copper what it wanted done, and Gulf Copper did it and billed Texaco therefor. In the course of their dealings, matters outside the scope of the work for which Gulf Copper was originally hired would occasionally arise and on such occasions Texaco’s representative on the scene would request Gulf Copper to do this additional work. Gulf Copper always performed the extra work and submitted an appropriate additional billing.

In the instant case, the removal of the pipe which caused the injury was in the category of additional work. On the second day that Gulf Copper was aboard the TEXACO NEW YORK, Texaco’s representative Short asked Maxfield, an officer of Gulf Copper for two men to remove the pipe. Maxfield selected Guidry and Balsano. Short showed all three the pipe to be removed which Guidry and Balsano started to remove. Maxfield went about other business while Short stayed in the vicinity of the work done by Guidry and Balsano. Guidry and Balsano determined for themselves the method by which they would remove the pipe and the equipment they would need to do the job. The pipe was high above the floor plates of the ship’s fireroom and was accessible only from a catwalk that ran beneath. The pipe was about seven feet long, weighed between 100 and 115 pounds, and its higher end was situated approximately six and a half feet above the catwalk. The course of its length contained several bends both laterally and vertically. Both pipe ends were flanged to permit interconnection with other piping by means of bolts and nuts. Guidry and Balsano determined that they each would remove all the bolts but one from the flanges at opposite ends of the pipe; then they planned to simultaneously remove the last bolts and manhandle the pipe down to the catwalk. They requested no assistance and no additional equipment to do the job.

Guidry and Balsano followed the method they had settled upon, but in order to reach his end of the pipe Bal-sano had to stand upon the catwalk’s hand railing. When he removed the last bolt from his end of the pipe, the weight of the pipe was such that he was thrown off balance. Consequently, he dropped his end of the pipe causing Guidry to be thrown into a jackknife position which provoked his injury.

The district judge found the vessel unseaworthy and Texaco negligent. The pertinent findings of fact are as follows:

“20. I find the Defendants [sic] Texaco were negligent in (a) permitting the improper method of work, (b) failing to supply a safe place in which to work, (c) in supplying inadequate tools and equipment to do the job, (d) in supplying indequate personnel to do the work.
“21. I find the the SS TEXACO NEW YORK was unseaworthy to the task of the removal of the pipe in that the place of work was not reasonably suitable to the discharge of the task in safety, and the method for the discharge of the task was hazardous; and further that the tools and personnel were not reasonably adequate to the discharge of the task in safety.”

Texaco and Gulf Copper both urged a defense of operational negligence and now complain that the district court made no findings on this defense. The failure to make such findings was not error for the district judge did not predicate his finding of unseaworthiness solely upon the negligence of Guidry and Balsano: To the contrary, in addition to finding the method improper he held the place, tools and personnel were not reasonably suitable to the job at hand. These findings of unseaworthiness based upon deficiencies entirely outside the operational negligence of the injured party or his co-worker effectively exclude this case from the ambit of the rule of Antoine v. Lake Charles Stevedores, Inc., [784]*784376 F.2d 443 (5th Cir.1967), cert. denied 389 U.S. 869, 88 S.Ct. 145, 19 L.Ed.2d 146; see also Robinchaux v. Kerr McGee Oil Indus., Inc., 376 F.2d 447 (5th Cir. 1967); Grigsby v. Coastal Marine Service, 412 F.2d 1011 (5th Cir.1969).

Texaco also complains on appeal that the district court did not make findings relating to its defense of contributory negligence which is based upon the same facts as the defense of operational negligence. The Appendix does not disclose that Texaco made any effort to have this omission filled by the district judge by a motion for additional findings. In any event, however, we do not think that such omission requires remand. The district judge did find that the men worked in the only place provided — or possible — for them to work; that no rigging or scaffolding was provided; and that the height of the pipe above his end of the catwalk made it necessary for Balsano to stand upon the handrails. These findings are sufficient for us to infer a negation of contributory negligence. While a strong ease was certainly made for holding that Guidry’s injury resulted solely from the joint negligence of Guidry and Balsano, we are not left with the definite and firm conviction that the findings of the district judge on the question of liability are mistaken; they are therefore sufficient to support his conclusions and the judgment.

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Bluebook (online)
430 F.2d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weston-guidry-v-texaco-inc-cross-appellees-v-gulf-copper-ca3-1970.