Billiot v. Key Energy Services
Date Decided: May 6th, 2010
Originally Filed in: Louisiana (Federal)
Decided by: Louisiana Western District Court (Federal)
Court: U.S.D.C. W.D. Louisiana
Judge: Judge Doherty
Citation: Billiot v. Key Energy Services 2010 WL 1881278 (W.D. LA 2010)
Background:
John Adams Billiot was an employee of Key Energy. He was originally assigned to an offshore-based rig. At some point, Key Energy transferred Billiot to a land-based rig. While working on the land-based rig he suffered the injury giving rise to the present law suit. Key Energy contends that Billiot was permanently reassigned from the offshore rig to the land-based rig. Billiot argues that he was only temporarily assigned to the land-based rig. Further, Billiot filed a motion for protective order because of Key Energy's failure to respond to Billiot's discovery request.
John Adams Billiot was an employee of Key Energy. He was originally assigned to an offshore-based rig. At some point, Key Energy transferred Billiot to a land-based rig. While working on the land-based rig he suffered the injury giving rise to the present law suit. Key Energy contends that Billiot was permanently reassigned from the offshore rig to the land-based rig. Billiot argues that he was only temporarily assigned to the land-based rig. Further, Billiot filed a motion for protective order because of Key Energy's failure to respond to Billiot's discovery request.
Issues:
Does the plaintiff satisfy the requirements of becoming a Jones Act seaman?
Does the plaintiff satisfy the requirements of becoming a Jones Act seaman?
Held:
The district court explained that the determination of seaman status is generally one of fact, however, seaman status can be decided by summary judgment where the evidence does not support a finding that the claimant was permanently assigned to a Jones Act vessel. Here, the parties are in dispute as to whether Billiot was temporarily or permanently assigned to the land-based rig. Further, the defendant's refusal to comply with Billiot's discovery requests places him at a distinct disadvantage in opposing Key Energy's motion. As a result, the district court determined that it could not determine whether Billiot was or was not permanently assigned to the land-based rig.
The district court explained that the determination of seaman status is generally one of fact, however, seaman status can be decided by summary judgment where the evidence does not support a finding that the claimant was permanently assigned to a Jones Act vessel. Here, the parties are in dispute as to whether Billiot was temporarily or permanently assigned to the land-based rig. Further, the defendant's refusal to comply with Billiot's discovery requests places him at a distinct disadvantage in opposing Key Energy's motion. As a result, the district court determined that it could not determine whether Billiot was or was not permanently assigned to the land-based rig.
Comments:
Seaman status may be decided on summary judgment where the evidence does not support a finding, as a matter of law, that the claimant is permanently assigned to a Jones Act vessel.
Seaman status may be decided on summary judgment where the evidence does not support a finding, as a matter of law, that the claimant is permanently assigned to a Jones Act vessel.
<< PREVNEXT >>
