Tobin v. Gulf Oil Corp.
| Decision Date | 15 March 1982 |
| Docket Number | Civ. A. No. 81-2241. |
| Citation | 535 F. Supp. 116 |
| Parties | Timothy TOBIN, Jr. v. GULF OIL CORPORATION. |
| Court | U.S. District Court — Eastern District of Louisiana |
Jerald Andry, New Orleans, La., for plaintiff.
Glenn G. Goodier, New Orleans, La., for Gulf Oil.
Robert Leininger, Jr., Metairie, La., for third-party defendant.
This matter is before the Court on the motion of defendant Gulf Oil Corporation (Gulf) for summary judgment on its third party claim for contractual indemnity against Services, Equipment & Engineering, Inc. (S.E.E.). For the reasons hereinafter set out the motion should be and it is hereby GRANTED.
This personal injury action was filed against defendant Gulf by plaintiff Timothy Tobin, Jr. who seeks damages for injuries which he allegedly sustained while employed by S.E.E. and working on Gulf's Rig No. 10 located in the Gulf of Mexico at South Timbalier Block 176E. Tobin alleges that he was injured on June 4, 1980. Suit was filed on June 4, 1981. On July 24, 1981, Gulf filed a third-party complaint against S.E.E. seeking contractual indemnity. The basis for Gulf's claim in this regard is paragraph XII of Workover Contract No. NOD-717 entered into between Gulf and S.E.E. (designated therein as Contractor) on December 13, 1979 which provides in pertinent part:
Contractor agrees: to protect, indemnify and save Gulf harmless from and against all claims, demands and causes of action, suits or other litigation (including defending all causes of action, suits or other litigation or indemnifying or holding Gulf harmless from and against all costs, expenses, attorneys' fees incurred by Gulf in the defense of such causes of action, suits or other litigation arising from operations carried on hereunder) of every kind and character arising in favor of contractor or third parties, including but not limited to personnel furnished by Contractor, on account of personal injuries or death ... whether arising out of negligence on the part of Gulf or otherwise, including any claim based upon the unseaworthiness of any vessel or upon any theory of strict liability, in any way occurring, incident to, or arising out of the operations carried on hereunder, and particularly, but not by way of limitation, against any loss or damage whatsoever caused by fire, explosions or accidents of any kind during the performance of and until the completion of such work and the acceptance thereof by Gulf ... the agreements...
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