United States District Court, W.D. Louisiana, Lafayette Division
WHITEHURST MAGISTRATE JUDGE
E. WALTER UNITED STATES DISTRICT JUDGE.
the Court in this personal injury suit involving a workplace
accident is a Motion for Summary Judgment [Doc. #61] filed by
Defendant Halcon Resources Corporation ("Halcon
Resources"). Pursuant to its motion, Defendant seeks
dismissal with prejudice of all claims asserted by pro
se Plaintiff Derrick Coleman, on the basis that
Defendant had "no involvement in or connection to the
well where the alleged incident occurred, " and
therefore Defendant owed no duty to Plaintiff. Id.
Defendant alternatively argues summary judgment is warranted,
"because Plaintiff has no evidence to support several of
the essential elements of his claims ...." Id.
For the following reasons, the motion is GRANTED.
Factual and Procedural Background
filed this negligence suit against Halcon Resources
Corporation and Halcon Operating Co., Inc. ("Halcon
Operating") for injuries he alleges he incurred in a
workplace accident. [Docs. #1, 27], Plaintiff, a floor hand
employed by Pioneer Well Services, LLC ("Pioneer"),
was part of a Pioneer crew performing well-completion
services on Black Stone Well 4H-2 ("Well"), located
at or near Woodville, Mississippi. See Coleman v. Halcon
Res. Corp., No. 6:15-CV-2086, 2017 WL 2509151, at * 1
(W.D. La. June 7, 2017); see also Doc. 61-2 at
¶¶ 5, 8-9. Pioneer was performing the
well-completion services pursuant to a Master Service
Contract between Pioneer and Halcon Operating. Id.
at 5; see also Doc. 61-2 at ¶ 8. The well was
operated by Halcon Operating; it was owned by a third party,
HK TMS, LLC. [Doc. # 61-2 at ¶¶ 5, 17].
alleges on July 30, 2014, he was replacing a nut on the
wellhead when he slipped and landed on the pointed handle of
a needle valve, resulting in bodily injuries.
Coleman at * 1; see also Doc. #1 at ¶
8. Following the incident, Plaintiff sought and received
medical and indemnity benefits from Pioneer under the
Louisiana Workers' Compensation Act ("LWCA"),
La. R.S. 23:1020.1, et seq. Id. On July 21, 2015,
Plaintiff filed this suit against Halcon Resources and Halcon
Operating, seeking general tort damages for negligence. [Doc.
suit was filed, Halcon Resources and Halcon Operating filed a
Motion for Summary Judgment [Doc. #36] seeking dismissal with
prejudice of all claims asserted by Plaintiff, arguing
Plaintiff was the statutory employee of both defendants at
the time of the incident sued upon, and therefore movants
were immune from suit in tort under Louisiana law.
Coleman at *1. On June 7, 2017, the Court granted
summary judgment in favor of Halcon Operating, finding it was
Plaintiffs statutory employer under the Louisiana
Workers' Compensation Act ("LWCA") by virtue of
the Master Service Contract between Pioneer and Halcon
Operating, and therefore Halcon Operating was immune from
tort liability as a matter of law. Id. at *5-7. The
Court denied summary judgment with regard to Halcon
Resources, finding that entity was "not entitled to
statutory employer status under the LWCA, " as the
Master Service Contract between Pioneer and Halcon Operating
contained "no language extending statutory employer
status to Halcon Resources. .., " Id. at
Halcon Resources now seeks dismissal with prejudice of all
claims asserted by Plaintiff, arguing it had no involvement
in or connection to the well where Plaintiff alleges he was
injured, and therefore it owed no duty to Plaintiff.
Alternatively, Defendant argues summary judgment is
warranted, because "Plaintiff has no evidence to support
several of the essential elements of his claims...."
[Doc. 61]. The following facts are not in
4. Halcon Resources has no physical assets, as it only owns
interests in various subsidiaries and other entities.
5. Halcon Operating ... was the designated operator of the...
Black Stone 4H-2 well (the "Well").
. . . .
13. Halcon Resources had no involvement with the Well-it (i)
did not own, operate, or manage the Well or equipment in
question; (ii) did not employ, supervise, or control
Plaintiff or his work; (iii) did not employ, supervise, or
control any personnel working on the Well; and (iv) did not
have any connection whatsoever to the facts giving rise to
. . . .
15. Halcon Resources had absolutely no involvement in, or
connection to, the facts giving rise to Plaintiffs claims in
this lawsuit because Halcon Resources:
a. Did not own or operate the Well in question;
b. Did not own or operate the subject drilling rig;
c. Did not enter into a contractual relationship with any
entity regarding the work on the Well in question and did not
direct or control the work of anyone working on the Well;
d. Did not own, operate, manufacture, sell, or repair any of
the equipment at issue or any of the equipment on the Well in
question; e. Did not control or supervise any ...