“Seaman or Not, Fully Briefed or Not, Vessel Owner Can Not Sustain Motion for Summary Judgement”
“Seaman or Not, Fully Briefed or Not, Vessel Owner Can Not Sustain Motion for Summary Judgement”
By: Helen Burnett
Edited By: Bryan O’Neill
Desmore v. Baker Hughes Oilfield Operations, Inc., NO. 14-2198, 2016 U.S. Dist. LEXIS 15; 2016 U.S. Dist. LEXIS 6499 (Feb. 8, 2016)
Plaintiff, Roy Desmore (“Desmore”) sued his employer Baker Hughes Oilfield Operations (“BHOOI”) and manufacturer National Oilwell Varco, L.P. (“Varco”) for personal injuries sustained after he suffered permanent hand damage in the course of his employment. Varco manufactured the equipment while Desmore was working as a wire line operator employed by BHOOI about the vessel ENSCO 87. In his original complaint Desmore only named BHOOI as a defendant but later added the owner of the Ensco 87 (“Ensco”). BHOOI and Ensco filed motions for summary judgement while Desmore filed a cross-motion for summary judgement against BHOOI and filed an opposition to Ensco’s motion.BHOOI filed a motion for summary judgement asserting to dismiss the Jones Act claim with a counter Motion by Desmore for the court to rule he was a seaman. The District Court used the two-prong analysis in Chandris to determine if Desmore met the requirements for seaman status and found that the first prong was satisfied. Desmore contributed to the function of the vessel as a wire line operator. However, the Court found that it was unable to arrive at a definitive answer to whether Desmore satisfied the second prong, that is, whether he had a substantial connection to the Ensco vessel. Thus the motion was denied as to both parties.Second, Ensco argued that even if the Jones Act did not apply, it would not be liable for Desmore’s injuries under the LHWCA. The Court found that Ensco did not adequately demonstrate why it would not be liable under the negligence standards of LHWCA. The Court cited Ensco’s lack of evidence and case law to arrive at its decision to deny their motion for summary judgement on this count.
