FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
VERMILION, NO. 102743 HONORABLE JOHN D. TRAHAN, DISTRICT
ANTHONY C. DUPRÉ DUPRÉ-MYERS, L.L.C. COUNSEL
FOR PLAINTIFF/APPELLANT WARREN DOUCET
P. MERCHANT CAROLYN C. COLE NEUNERPATE ONE PETROLEUM CENTER
COUNSEL FOR DEFENDANT/APPELLEE SUPERIOR GAUGING SERVICES,
MICHAEL G. LEMOINE JONES WALKER LLP COUNSEL FOR
DEFENDANT/APPELLEE SHELF ENERGY, L.L.C.
composed of Elizabeth A. Pickett, Phyllis M. Keaty, and
Jonathan W. Perry, Judges.
JONATHAN W. PERRY JUDGE.
personal injury lawsuit, Warren Doucet
("Plaintiff") appeals the trial court's grant
of summary judgment in favor of the two defendants, Superior
Gauging Services, Inc. ("Superior") and Shelf
Energy, L.L.C. ("Shelf"), dismissing
Plaintiff's claims against the two defendants with
prejudice. We affirm.
AND PROCEDURAL HISTORY
December 22, 2015, Plaintiff was allegedly injured when a
metal oil tank he was cutting up for scrap struck him. At the
time of the accident, Plaintiff was on the property of
Lotaire Duhon ("Duhon") in Vermilion Parish,
Louisiana. When the accident occurred, the Duhon property was
subject to an oil and gas lease wherein Duhon granted certain
mineral rights to Shelf. After the wells were no longer
producing in paying quantities, Shelf plugged them and began
to restore and clean the well site pursuant to the terms of
its mineral lease contract with Duhon. In furtherance of its
contractual obligations, Shelf contacted Rodney Quibodeaux
("Quibodeaux"), the co-owner of Superior, to
perform the clean up operations.
aspect of the clean-up involved the removal of four large
storage tanks that had been used during production.
Quibodeaux then contacted Earl Doucet ("Doucet") to
look at the tanks and determine if he would be interested in
removing them for scrap. Doucet, who was ill, brought
Plaintiff, his cousin, to the job site; after examining the
tanks, Plaintiff agreed to remove the tanks from service, put
them on a trailer, haul them, and sell the metal for scrap.
As Plaintiff was using a cutting torch to sever one of the
storage tanks, the tank rolled over the chocks that had been
placed to secure it and injured him.
Plaintiff filed a petition for damages against Superior and
Shelf,  contending he suffered personal injury
damages while he was performing storage tank demolition and
scrap metal services on the Duhon property. After answers
were filed to Plaintiff's petition and various
depositions were taken, Superior and Shelf each filed motions
for summary judgment, on April 5, 2018, and April 11, 2018,
respectively, seeking dismissal of Plaintiff's claims;
both motions were scheduled for hearing on May 29, 2018.
Plaintiff filed his opposition to the motions for summary
judgment on May 16, 2018, thirteen days before the hearing
date. Superior and Shelf filed a joint motion to strike
Plaintiff's opposition for failure to comply with the
fifteen-day mandatory deadline provided in La.Code Civ.P.
art. 966(B)(2) and La.Dist.Ct.R. 9.9 of the Uniform Rules of
the District Court.
the trial court denied Superior's and Shelf's motion
to strike. After hearing argument, the trial court granted
Superior's and Shelf's motions for summary judgment
and dismissed Plaintiff's claims against those
filed this appeal, contending the trial court erred when it
granted Superior's and ...