Stanley Davidson v. Oilfield Maintenance Company, Inc., Mayronne Drilling Company, and Third Party, 423 F.2d 1115, 3rd Cir. (1970)
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Scribd Government DocsStanley Davidson v. Oilfield Maintenance Company, Inc., Mayronne Drilling Company, and Third Party, 423 F.2d 1115, 3rd Cir. (1970)
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Scribd Government Docs423 F.
2d 1115
Stanley DAVIDSON, Plaintiff,
v.
OILFIELD MAINTENANCE COMPANY, Inc., et al.,
Defendants-Appellees, MAYRONNE DRILLING COMPANY
et
al., Defendants and Third Party
Plaintiff-Appellants.
No. 28198 Summary Calendar.
United States Court of Appeals, Fifth Circuit.
Feb. 26, 1970.
H. Lee Leonard, Voorhies, Labbe, Fontenot, Leonard & McGlasson,
Lafayette, La., Edward de la Garza, New Orleans, La., for Mayronne
Drilling Co. and others.
Raymond M. Allen, V. Farley Sonnier, Davidson, Meaux, Onebane &
Donohoe, Lafayette, La., for third-party defendants-appellees.
Joseph A. Koury, Richard R. Kennedy, Lafayette, La., for other interested
parties.
Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.
PER CURIAM:
Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits
that this case is of such character as not to justify oral argument and have
directed the Clerk to place the case on the Summary Calendar and to notify the
parties in writing. See Murphy v Houma Well Service, 5 Cir. 1969,409 F.2d
804, Part I, and Huth v. Southern Pacific Company, 5 Cir. 1969,417 F.2d 526,
Part I (October 7, 1969).
Plaintiff, Stanley Davidson, originally sued his employer, Oil Field
Maintenance Company, and its insurer, The Travelers Insurance Company,
under the Jones Act, the general maritime law, for unseaworthiness, maritime
tort and workmen's compensation benefits.
3
The facts concerning the accident are briefly as follows: Humble owned a
platform situated in the Gulf of Mexico beyond one marine league from the
Louisiana coastline. Humble entered into a written contract with Mayronne
Drilling Company for the drilling of a well on the platform with the stipulation
that Mayronne furnish the drilling rig. In order to erect its rig on the platform,
Mayronne orally contracted with Oil Field Maintenance Company, a rig
building specialist, to assemble the rig. During the course of that work an
employee of Oil Field, Stanley Davidson, was injured when he allegedly
tripped or was 'overcome' by the fumes of several welding machines causing
him to fall and suffer certain injuries.
After a showing that the plaintiff was employed on a fixed drilling platform and
was not the member of a crew of any vessel the district court granted a
summary judgment dismissing Oil Field Maintenance Company and The
Travelers Insurance Company. At approximately the same time the plaintiff
amended to assert a maritime tort claim against Humble and Mayronne.
Travelers intervened in that action for recovery of its compensation payments
made to the plaintiff under the Longshoremen's and Harborworkers'
Compensation Act.
Thereafter, on February 3, 1969, Humble and Mayronne filed a third party
petition attempting to bring Oil Field Maintenance Company and Travelers
back into the lawsuit as third party defendants. Oil Field Maintenance Company
filed a motion to dismiss the third party complaint which the district court
granted. Subsequently, shortly before the trial of the case, a settlement was
reached between Davidson and Humble and Mayronne wherein the latter paid
Davidson the sum of $13,000.00 out of which Davidson reimbursed the
compensation intervenor. Mayronne and Humble have appealed the granting of
the court's dismissal of the third party action.
Since the precise issue presented in this case has been determined adversely to
the third party appellants in Loffland Brothers Co. v. Roberts, 5 Cir. 1967, 386
F.2d 540 and Ocean Drilling and Exploration Company v. Berry Brothers Oil
Field Service, Inc, 5 Cir. 1967, 377 F.2d 511, we affirm the district court's
dismissal of the third party complaint.
Affirmed.
