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Broussard v. Gulfport Energy Corp.

Court of Appeals of Louisiana, Third Circuit

June 5, 2019

BRADLEY BROUSSARD
v.
GULFPORT ENERGY CORPORATION, ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 2015-2233 HONORABLE PATRICK L. MICHOT, DISTRICT JUDGE

          Randall Kurt Theunissen S. Brian Perry Allen & Gooch Counsel for Defendants/Appellees: Wet Tech Lighting, Inc. Wet Tech Energy, Inc.

          Robert A. Mahtook, Jr. Mahtook & LaFleur, LLC Counsel for Defendant/Appellee: AFX Petrologix, LLC

          Leo Raymond McAloon, III Gieger, LaBorde & Laperouse, LLC One Shell Square Counsel for Defendant/Appellee: Shamrock Management, LLC

          Marc D. Moroux Juneau David, APLC Counsel for Defendant/Appellee: Gulfport Energy Corporation

          Thomas M. Flanagan Sean Brady Andy Dupre Anders F. Holmgren Flanagan Partners LLP Counsel for Plaintiff/Appellant: Bradley Broussard

          J. Kyle Findley Kala Sellers Adam Lewis Arnold & Itkin, LLP Counsel for Plaintiff/Appellant: Bradley Broussard

          F. Douglas Ortego LeBas Law Offices Counsel for Intervenor: American Interstate Insurance Company

          Court composed of Sylvia R. Cooks, Billy Howard Ezell, and Phyllis M. Keaty, Judges.

          PHYLLIS M. KEATY, JUDGE

         Plaintiff/Appellant, Bradley Broussard, appeals the trial court's grant of summary judgment in favor of Defendant/Appellee, Wet Tech Lighting, Inc. For the following reasons, the trial court's judgment is reversed.

         FACTS AND PROCEDURAL HISTORY

         This personal injury matter stems from injuries sustained by Broussard on January 21, 2015, while working in the course and scope of his employment with AFS Petrologix, LLC, on platform 114 in the East Hackberry Field in Calcasieu Lake, State Lease 50. Broussard was inspecting a navigational light on top of a pole when it broke, causing him to fall into the water below and sustain injuries. As a result, Broussard filed an Original Petition for Damages on May 6, 2015, against Gulfport Energy Corporation as the owner and/or operator of the platform based upon negligence and premises liability. Broussard's workers' compensation insurer, American Interstate Insurance Company, filed a Petition of Intervention. On April 26, 2016, Broussard filed his First Amended Petition for Damages, naming Wet Tech Lighting, Inc., Wet Tech Energy, Inc., and Shamrock Management, L.L.C., as additional Defendants. In his amended petition, Broussard alleged that Wet Tech Lighting, Wet Tech Energy, and Shamrock were negligent by failing to properly inspect and maintain the navigational light and pole.

         On April 11, 2018, Wet Tech Lighting filed a motion for summary judgment, alleging that it owed no duty to Broussard because the contract governing the work at issue was executed between Gulfport and Wet Tech Energy, a separate and different entity from Wet Tech Lighting. Broussard filed an opposition memorandum and, alternatively, a motion to continue the summary judgment hearing. Following a hearing on May 14, 2018, the trial court denied Broussard's motion to continue and granted Wet Tech ...


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