Knapp v. Chevron Usa, Inc.

781 F.2d 1123 (5th Cir. 1986)

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Nature of the Case

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Facts

P was a member of a PBW crew dispatched to blast and paint one of D's offshore production platforms. P was standing in a safety net approximately 30 feet above the platform floor, a stabilizing rope on the net either broke or became unfastened. P fell, sustaining serious injuries. The nets and accompanying gear are provided, installed, moved, and removed by PBW. At the time of P's accident, the net he was using had only one stabilizing rope. The district court found no evidence of negligence on the part of D. Applying Louisiana law, the court concluded that the net was not an appurtenance of the platform. P's complaint was dismissed. D moved for summary judgment against PBW for costs of defense under its contractual indemnity agreement, executed May 5, 1982. Prior to the execution of the indemnity agreement, the Louisiana Legislature enacted the Oilfield Indemnity Act of 1981, Acts 1981, No. 427, § 1, effective September 11, 1981. The legislature declared null and void and against the public policy of the state of Louisiana any provision in any agreement that requires defense and/or indemnification, for death or bodily injury to persons, where there is negligence or fault (strict liability) on the part of the indemnitee, or an agent or employee of the indemnitee, or an independent contractor who is directly responsible to the indemnitee. In granting D summary judgment against PBW, the magistrate held that since D was found free of negligence and not responsible under a strict liability theory, La. R.S. 9:2780 did not bar recovery of the costs of defense. The magistrate awarded attorneys' fees and litigation expenses to D and this appeal resulted.