A roustabout could not show that an oil platform owner was negligent when he injured his back and moved a washing machine on the rig platform.
In Hosey v. Shell Oil Co ., U.S. District Court The Eastern District of Louisiana in New Orleans issued a summary judgment to the company on Wednesday, finding that it had no control over the method or manner in which contractors used to move the machine.
David Hosey worked as a roustabout for Helmerich Payne International Drilling Co., which had been contracted by Shell Offshore Inc., a New Orleans-based subsidiary of Shell Oil Co., to provide personnel and oversight of the Gulf of Mexico oil platform.
In December 201
A few hours later, Hosey said he felt back pain and claimed that he did not have access to a cart to move the machine. He filed a complaint against Shell Oil and Shell Offshore, claiming that negligence caused back injuries and sought to recover for general injuries, lost wages, lost ability to acquire, pain and suffering, past and future medical costs and loss of community and services. His wife also raised a claim for the loss of the consortium.
The companies moved for a summary judgment, which the district court granted.
The court found that Hosey did not present any evidence that Shell Oil was liable to him because it neither owned nor operated the oil rig. The court also found that Shell Offshore had no operational control over Mr. Hosey. Although he argued that Shell Offshore was negligent because it "was obliged to provide unrestricted access to docks" to enable roustabouts to operate safely, the court found that the company's policy did not make all docks inaccessible, it only required that someone who chose to use a dolly needed to contact the warehouse manager or locate the key in the control room to access them.
The court further noted that Mr. Hosey did not present any evidence that Shell Offshore approved the method by which the roads chose to move the washing machine, or that limited access to dolls dictated his decision to lift the washing machine manually. Catalog