Kull v. Mid-America Pipeline Co., 72-2672.
| Decision Date | 29 March 1973 |
| Docket Number | No. 72-2672.,72-2672. |
| Citation | 476 F.2d 271 |
| Parties | Rhelda KULL et al., Plaintiffs-Appellants, v. MID-AMERICA PIPELINE CO., and Chevron Oil Co., et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Bob Hoblit, Odessa, Tex., for plaintiffs-appellants.
John E. Gunter, Midland, Tex., (rep. Mid-America) Perry Davis, Jr., Odessa, Tex., for defendants-appellees.
Before BELL, INGRAHAM and RONEY, Circuit Judges.
In this Texas diversity case, two employees of the independent contractor hired by Chevron Oil Co. to excavate for a new pipeline were killed when the digging machine operated by them struck and exploded an underground pipeline carrying flammable gas. Their widows brought this survival action against Chevron, among others, alleging that Chevron had failed to provide the men a safe place to work, had failed to provide their employer with information about existing pipelines buried along the right-of-way of the proposed line, and had failed to make a proper investigation to determine the location of existing lines. The District Court granted summary judgment for Chevron and sanctioned this appeal by making the requisite certification under Rule 54(b), F.R.Civ.P.
We agree with the District Court that, on the uncontradicted facts, Chevron is not liable for the injuries to these two workers employed by its independent contractor.
As to the status of the independent contractor, the Contract, designating Chevron as "Company" and the independent contractor as "Contractor," provides:
202. Contractor\'s Status—Contractor shall perform the work as an independent contractor (controlling all ways and means incident to the proper performance and completion of the work) and not as an employee of the Company (which shall have no right to control the methods of operation). (Emphasis added)
As to existing lines along the proposed right-of-way, the Contract provides:
503. Existing Lines—Contractor shall locate and stake the position of the existing lines at such intervals as circumstances may require and to the satisfaction of Company to insure that proper care is exercised so that no damage is incurred to the existing line. Contractor shall not operate equipment over existing pipelines when ground is soft and wet or otherwise incapable of supporting equipment without damaging the pipeline. The existing lines on the surface shall be lowered and covered with sufficient soil that equipment may pass over them without damaging the...
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Hite v. Maritime Overseas Corporation
...contractor and his employees from dangerous conditions arising during the performance of the work. See Kull v. Mid-America Pipeline Co., 476 F.2d 271 (5th Cir. 1973); Fisher v. United States, 441 F.2d 1288 (3d Cir. 1971); Brletich v. United States Steel Corp., 445 Pa. 525, 285 A.2d 133 (197......
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Wood v. Holiday Inns, Inc.
...The district court having certified that 'there is no just reason for delay,' we proceed to the merits. See Kull v. Mid-America Pipeline Co., 476 F.2d 271 (5th Cir. 1973). Glen Wood, an executive vice president of SAR Manufacturing Company, checked into the Holiday Inn facility at Phenix Ci......