Ketchum v. Gulf Oil Corporation

798 F.2d 159 (5th Cir. 1986)

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Nature of the Case

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Facts

Gulf (D) contracted with Dresser (D) to perform wireline work on its drilling platform. Ketchum (P), a Dresser (D) employee, was injured when a crane operator for Huthnance (D) attempted to lift the wireline spool. Dresser (D) paid P benefits under the Longshore & Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950. P filed a personal injury action against Gulf (D) and Huthnance (D). Ds then filed a third-party complaint against Dresser (D), seeking contribution or indemnity. Dresser (D) moved for summary judgment contending that as the employer of P, it was responsible only for workers' compensation benefits, being insulated from further liability by the exclusivity provision of the LHWCA, 33 U.S.C. § 905(a). Eventually, the court granted summary judgment dismissing Ds’ third party complaint. The jury returned a verdict against Ds, apportioning liability 25% and 75%. The trial court then ordered remittitur, or, alternatively, a new trial. P opted for a new trial limited to quantum. After the second trial ended in a mistrial, P and Ds reached a settlement. Ds reserved their rights against Dresser (D) and timely appealed the summary judgment rejecting their indemnity and contribution claims. Ds appealed.