Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stroder v. Hilcorp Energy Co.

Court of Appeals of Louisiana, Third Circuit

April 5, 2018

RYAN LEE STRODER, INDIVIDUALLY, ETC.
v.
HILCORP ENERGY COMPANY, ET AL.

          APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY, NO. 13-C-2840-D HONORABLE D. JASON MECHE, DISTRICT JUDGE, REVERSED AND REMANDED.

          BILLY HOWARD EZELL, JUDGE Dan Edward West McGlinchey, Stafford COUNSEL FOR DEFENDANT/APPELLEE: Westchester Surplus Lines Insurance Company

          Mark Gerard Artall Attorney at Law COUNSEL FOR PLAINTIFFS/APPELLANTS: Ryan Lee Stroder, Ryan Lee Stroder as natural tutor of Olivia Stroder

          Barry Jamar Rozas LeBas Law Offices 2 Flagg Place, Suite 1 Lafayette, LA COUNSEL FOR INTERVENOR/APPELLEE: American Interstate Insurance Company

          Robert Sartain Emmett Christopher M. Hannan Kimberly C. Delk Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. COUNSEL FOR DEFENDANTS/APPELLEES: Monty "Monkey" Lanthier Thomas Stevens and Associates, L.L.C.

          Joseph Michael Guillot Christy L. McMannen Christovich & Kearney L.L.P. COUNSEL FOR DEFENDANTS/APPELLEES: Freddie Grimaldo Gulf Coast Brokerage, LLC

          Kevin Paul Merchant NeunerPate COUNSEL FOR DEFENDANT/APPELLEE: Hilcorp Energy Company

          Catherine N. Thigpen Degan, Blanchard & Nash COUNSEL FOR DEFENDANT/APPELLEE: Darwin National Assurance Company

          Court composed of Elizabeth A. Pickett, Billy Howard Ezell, and Candyce G. Perret, Judges.

          EZELL, Judge.

         Ryan Stroder appeals two judgments of the trial court below, one granting summary judgment in favor of Monty Lanthier and Thomas Stevens and Associates, L.L.C., and another granting summary judgment in favor of Freddie Grimaldo and Gulf Coast Brokerage, L.L.C. (hereinafter collectively referred to as the Defendants). For the following reasons, we reverse the decisions of the trial court and remand the case for further proceedings.

         On October 17, 2012, Mr. Stroder was employed by MyVac, L.L.C. as a truck driver. That day, Mr. Stroder was called to a land based oil rig operated by Hilcorp Energy Company to transport drilling mud for waste disposal. Mr. Lanthier, an employee of Thomas Stevens and Associates, was acting as an independently contracted "company man" supervising the rig operations. Mr. Grimaldo, who was employed by Gulf Coast, was acting as solids control operator and was in charge of disposal of the drilling fluids.

         Though he was capable of driving a tank or bottle truck, Mr. Stroder arrived at the rig in an open-ended dump truck, as ordered by Defendants. Upon viewing the mud to be transported, Mr. Stroder felt that it was too fluid to be hauled in that truck. Mr. Stroder had previously been warned not to haul mud that was "too liquidy" in the open-ended truck due to the likelihood of it sloshing or shifting during transport. Mr. Stroder was concerned enough that he offered to return to MyVac and get his bottle truck to haul the mud. Despite these concerns, Mr. Stroder claims he was assured multiple times that the load was safe to transport. The mud was ultimately loaded in the truck by Mr. Grimaldo, and Mr. Stroder left the rig. While driving through an "s" curve a few miles from the rig, the load shifted in the trailer, causing the truck to overturn. Mr. Stroder suffered severe injuries as a result.

          Mr. Stroder filed suit against Hilcorp and eventually Defendants, who all filed motions for summary judgment. Hilcorp was dismissed on summary judgment, and that ruling was not appealed. Defendants each claimed that they owed no duty to Mr. Stroder, as federal and Louisiana administrative law imposed a duty on Mr. Stroder alone, as a commercial driver, to secure his load. The trial court ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.