FLIPPO v. MARTIN, 5130

• Decision Date: 26 November 1948
• Docket Number: No. 5130,5130
• Parties: FLIPPO v. MARTIN et al.
• Court: New Mexico Supreme Court

52 N.M. 402

200 P.2d 366

FLIPPO

v.MARTIN et al.

No. 5130.

Supreme Court of New Mexico.

Nov. 26, 1948.

[200 P.2d 366, 52 N.M. 402]

George L. Reese, Jr., and Don McCormick, both of Carlsbad, for appellants.

Leonard T. May, of Carlsbad, for appellee.

LUJAN, Justice.

The defendants bring before us for review of judgment of the district court of Eddy County awarding the plaintiff $27.00 per week for 550 weeks under the Workmen's Compensation Act of New Mexicofor a condition of total permanent disability found by a jury to have resulted from an accidental injury to him arising out of and in the course of his employment as a driller's helper in a well drilling outfit. His employers were William L. Martin and Clayton L. Hurley, a co-partnership doing business as Martin and Hurley Drilling Company. In the claim filed, they were named defendants along with American Employers Insurance Company, the insurer.

At the time of the plaintiff's injury, his employers were engaged in drilling a water well near White City, Eddy County, New Mexico, and had attained a depth of approximately800 feet in their drilling operations. From this point, we can best indicate the manner in which plaintiff suffered his injury and the claims made in reference thereto by copying paragraphs 3, 4 and 5 of his Claim for Compensation. They follow:

'No. 3. On February 2, 1947, at about 8:30 o'clock P.M., while in the employ of said employers, plaintiff sustained an accidental injury arising out of and in the course of said employment, as follows: Plaintiff was working in the capacity of driller's helper, sometimes referred to as 'tooldresser', and in the said capacity was working with William L. Martin who is one of the employers. At about 8:30 o'clock P.M. on said day it became necessary for said employer to unwind or unreel additional 7/8 inch drill cable from spool of surplus 7/8 inch drill cable and to transfer it over to the drilling spool or drum in order to continue drilling to a greater depth. That at this time said employers were engaged in drilling a well for water for a certain Mr. Jacobs near White's City, Eddy County, New Mexico, and had reached a depth of approximately seven hundred and seventy-five feet in the drilling of said well. The employers were using a Bucyrus Erie Model 24 Spudder, or mechanical drilling machine, in the operation of drilling said well and said machine is of a portable or movable character with its own power for drilling and in operation the said 7/8 inch drill cable travels up and over a pulley or block at the top of a drilling mast and then down into the hole being drilled into the ground. The said employer, William L. Martin, on said occasion caused the machine to take up all the slack in the said 775 feet of 7/8 inch drill cable and made said 7/8 inch drill cable extremely taut and the weight of the 775 feet of said drill cable in the drilling hole put a great amount of strain and tension on the said cable. Said employer, William L. Martin, then tied said cable to a girth or cross-member of the said drilling mast using a piece of old used rope to make the tie and the plaintiff and the said employer then proceeded to unroll the surplus cable to throw the same over a divider to the drilling spool or drum and had about 20 or 25 feet of said cable unrolled when suddenly and without warning the said rope broke and permitted the weight of the 775 feet of drill cable in the drilling hole to pull the loose drill cable into the drilling hole and at this titme said drill cable kinked and looped over plaintiff's right ankle and foot and dragged him several feet and over the drilling hole crushing his foot and anckle and also injuring him in his hip joint.

'No. 4. As a direct result of said accidental injury plaintiff has been greatly disabled and suffers permanent bodily disability. Plaintiff alleges that the said permanent bodily disability consists of a totalloss of function of the right foot and ankle, great disability to the right knee and right hip joint with a great amount of pain to plaintiff upon movement of any of said joints. Plaintiff states that his right leg and hip have a great amount of atrophy which is and will be permanent.

'No. 5. Plaintiff alleges that the said accident would not have happened but for the negligence of employers in failing to supply reasonable safety devices in general use for protection of the workmen. That the said safety devices that the employers failed to supply which would have prevented this accidental injury were cable or drilling clamps in general use in the drilling industry, and said cable or drilling clamps if they had been so provided and used by the employers would have securely and positively held the said drill cable and so would have prevented the happening of said...