Gaudet v. Exxon Corporation

562 F.2d 351 (5th Cir. 1977)

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Nature of the Case

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Facts

P originally worked for Tidelands Marine Service, Inc. (Tidelands). In 1963, under an arrangement with Tidelands, P began general maintenance and repair work at D's complex of eight fixed platform oil drilling rigs located on the Outer Continental Shelf offshore the State of Louisiana. P engaged in regular duty under the supervision of D's field foreman. P sustained an injury when he was struck by a barrel falling from a rack. P sued D for negligence. The District Court granted summary judgment for D because P had become D's 'borrowed employee,' whose exclusive remedy lay under the LHWCA. P appealed. St. Pierre (P) originally worked for Bourne Welding Services, Inc. (Bourne). Some 17 years ago Bourne furnished him to D at whose direction he worked on the offshore production facility. He was under the supervision of Field Maintenance Foreman (gang pusher) Bennie P. Toups when he stood on a 55-gallon chemical drum to weld a channel iron for the installation of an electric generator. He was injured when the drum exploded from hot slag from his weld. The District Court rendered summary judgment against St. Pierre (P) in his suit against D for negligence. The court held that the suit was barred by the LHWCA because of St. Pierre's (P) status as a 'borrowed employee.' St. Pierre (P) appealed