Davis & Sons, Inc. v. Gulf Oil Corporation

919 F.2d 313 (5th Cir. 1990)

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Nature of the Case

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Facts

P entered into Master Service Agreement No. 05-114 with D to provide 'labor and general contracting services for the Eastern offshore area onshore and offshore facilities.' The blanket contract included an indemnity clause requiring P to 'protect, indemnify and save D harmless from and against all claims, demands, and causes of actions, suits or other litigation . . .' that might arise out of the contractual relationship. D from time to time issued work orders directing P to provide labor to perform maintenance work. The Black Bay Field is located primarily beneath open water, consisting of lakes, bays, and canals with a limited amount of marshland and virtually no firm ground. Pursuant to work orders issued weekly, P supplied labor for two barge crews and two individual pumpers to work in Black Bay Field during 1981 and 1982. The tasks performed included acting as crew for the vessels. Mark P. Brenaman, a P employee, was assigned to work as a 'pusher' aboard Barge No. 11171 in Black Bay Field, beginning in January 1981. The crew of Barge 11171 was land-based; the barge had neither sleeping quarters nor bathroom facilities. The barge had spuds but no jack-up facilities, so any work on the barge was done either while it was afloat or spudded down adjacent to a platform. Brenaman supervised P's employees. Most of the service work was performed on the barge itself. P's employees were also responsible for maintenance of the barge, which included: painting the quarters, crane, and other equipment; inspecting and repairing the engines and cranes; and operating and navigating the barge. Brenaman did not have a captain's license, but he supervised all of these functions. On July 2, 1982, while assigned to work on Barge 11171, Brenaman drowned. P's employees were assigned to Barge 11171 pursuant to service order 728113, covering the period from June 28 -- July 4, 1982. Barge 11171 was spudded down adjacent to a fixed platform when Brenaman drowned. The crew were all on the barge, building a walkway to be placed on a tank battery, filling a pollution tank with water, and checking the tank for leaks. Brenaman was both supervising their work and fitting paneling for an office being built on the barge. He left this area and several hours later was discovered to have drowned in nearby waters. Brenaman’s estate sued P and D. The suit was settled. P then filed suit for a declaratory judgment that Louisiana law governs the interpretation of the contractual indemnity provision in the blanket contract and that the Louisiana Oilfield Indemnity Act 1 voids that provision. P claimed that maritime law applies. The district court granted P's motion for summary judgment. D appealed.