807 F.2d 1197 (5th Cir. 1987), 85-4737, Stoot v. D & D Catering Service, Inc.

Docket Nº:85-4737.
Citation:807 F.2d 1197
Party Name:Joseph Robert STOOT, Plaintiff-Appellant, v. D & D CATERING SERVICE, INC., Defendant-Appellee.
Case Date:January 15, 1987
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 1197

807 F.2d 1197 (5th Cir. 1987)

Joseph Robert STOOT, Plaintiff-Appellant,


D & D CATERING SERVICE, INC., Defendant-Appellee.

No. 85-4737.

United States Court of Appeals, Fifth Circuit

January 15, 1987

Page 1198

Anthony D. Moroux, Domengeaux & Wright, Lafayette, La., for plaintiff-appellant.

Daniel A. Webb, Richard A. Fraser, III, New Orleans, La., for intervenor, Fluor Drilling Services, Inc.

Norman P. Foret, McBride, Foret, Rozas & Leonard, Lafayette, La., for defendant-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before GARZA, DAVIS and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Joseph Stoot appeals a take nothing judgment rendered in favor of D & D Catering Service, Inc. (D & D Catering), in his general maritime law action for personal injuries. We affirm.


Joseph Stoot was injured while employed by Fluor Drilling Services, Inc. (Fluor) as a derrickman aboard the MR. DAVE, a jack-up drilling rig, located twelve miles off the Texas coast. The MR. DAVE was owned by intervenor, Fluor, and most of the personnel working aboard the vessel were Fluor employees. Fluor contracted with D & D Catering, however, to provide the food service on the vessel and D & D employees performed the cooking and other work related to this contract. Stoot's assigned duties frequently prevented him from eating during regular meal hours and on these occasions Stoot reported to the galley early for his meals. Eloise Porter, D & D's chief cook, objected to giving Stoot his meals at these irregular times and complained to Stoot about the inconvenience. Stoot reported Porter's complaints to the Fluor toolpusher or supervisor, who in turn instructed Porter that she was required to give Stoot his meals at the irregular times. Porter later confronted Stoot in the galley about making trouble for her with the toolpusher. She told Stoot that "he was nothing but a trouble maker." According to the district court, the following then occurred:

Without giving plaintiff an opportunity to deliver a retort, Porter marched back into the kitchen. Plaintiff then went to the ice machine in the dining area, turned and told Porter, "Kiss my ass," whereupon Porter came out of the kitchen into the dining area wielding a carving or butcher knife and replied that, "Nobody tells me to kiss their ass." In the ensuing...

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