470 F.2d 1364 (5th Cir. 1973), 72-1330, Da'Ville v. Wise

Docket Nº72-1330 [*]
Citation470 F.2d 1364
Party NameLouella S. Da'VILLE, Individually and as natural tutrix of the minor, Peyton Renee Da'Ville, Plaintiff-Appellant, v. R. S. WISE et al., Defendants-Appellees. Insurance Company of North America, Intervenor-Appellant,
Case DateJanuary 02, 1973
CourtUnited States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 1364

470 F.2d 1364 (5th Cir. 1973)

Louella S. Da'VILLE, Individually and as natural tutrix of the minor, Peyton Renee Da'Ville, Plaintiff-Appellant,

Insurance Company of North America, Intervenor-Appellant,

v.

R. S. WISE et al., Defendants-Appellees.

No. 72-1330 [*]

United States Court of Appeals, Fifth Circuit.

January 2, 1973

Preston N. Aucoin, Ville Platte, La., for Louella S. Da'Ville.

V. Farley Sonnier, Lafayette, La., for Ins. Co. of North America.

Carl J. Barbier, New Orleans, La., for plaintiff-appellant.

H. Lee Leonard, Lafayette, La., for defendants-appellees.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Charles Da'Ville, aged 20, was employed by Movible Offshore, Inc. He was working on an idle drilling drawworks on an offshore artificial island or fixed structure situated on the Outer Continental Shelf of the Gulf of Mexico within the seaward extension of Louisiana when he met his death, on May 7, 1969. His widow, plaintiff-appellant individually and as administratrix of their infant child, filed suit in the court below under Title 28 U.S.C., Section 1331(a), and Title 43 U.S.C., Section 1333 (the Outer Continental Shelf Lands Act) for damages for Da'Ville's wrongful death against (a) Pacific Indemnity Company as the liability insurer of Movible Offshore, and (b)

Page 1365

Da'Ville's co-employees from Movible Offshore, Wise, a tool pusher, and Rawls, a driller. The Insurance Company of North America, Movible Offshore's compensation carrier, intervened to recover from Pacific Indemnity all amounts paid and required to be paid by it to the widow and child under the Longshoremen's and Harbor Workers' Compensation Act, Title 33 U.S.C., Section 901 et seq.

On December 3, 1971, the United States District Court, Western District of Louisiana, Opelousas Division, granted defendants-appellees' motion for summary judgment on the ground that the Outer Continental Shelf Lands Act, Title 43 U.S.C. Section 1333(c), makes the Longshoremen's and Harbor Workers' Compensation Act the exclusive remedy for such workmen for injuries sustained through negligence of their employers or fellow workmen.

On January 4, 1972, plaintiff-appellant filed her notice of appeal. Defendants-appellees moved this Court to dismiss the appeal for lack of jurisdiction on the ground that such notice was not timely filed within the 30-day limitation of Rule 4(a), F.R.A.P. We carried the Motion to Dismiss with the case.

Since the district court entered...

To continue reading

Request your trial