Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc.
878 F.3d 130
| 5th Cir. | 2017Background
- LaFleur, a longshoreman, died after stepping through an unmarked hole in a decommissioned platform placed on a chartered barge.
- Manson Gulf, the platform owner, ordered holes cut in the grating but left them uncovered and unmarked.
- MARS agreed to scrap the platform at its Bayou Black, Louisiana dock; MARS foreman Smith and J.J. joined to inspect for oil, not to locate holes.
- Manson warned MARS about oil but not about the holes; no Manson personnel remained when the fatal incident occurred.
- District court granted summary judgment for Manson under LHWCA § 905(b); LaFleur claimants appeal the dismissal as to Manson.
- The court reverses the grant as to the turnover duty to warn latent dangers, and otherwise affirms/denies other theories as in the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Turnover duty to warn latent hazards | Hole was hidden and known to Manson; warning required | Hole open/obvious or reasonably anticipatable by competent stevedore | Fact issue precludes summary judgment; turnover duty survives for trial |
| Active control duty | Manson retained control over the platform to warn/avoid hazards | No control after all Manson personnel left the site | Inapplicable; no vessel control at the time of the incident |
| Duty to intervene | Manson should have intervened given hazards | No evidence of Manson personnel with knowledge at the site | Inapplicable; no knowledge by on-site Manson personnel to intervene |
| West caveat extension to latent hazards | West exception should apply to latent hazards by independent contractor | West applies only to open/obvious defects repaired by contractor | West extension not adopted; case distinguished as outside West’s narrow scope |
Key Cases Cited
- Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (U.S. 1981) (established three narrow duties under § 905(b))
- Kirksey v. Tonghai Mar., 535 F.3d 388 (5th Cir. 2008) (reiterates the three Scindia duties and tests for turnover duty)
- Burchett v. Cargill, Inc., 48 F.3d 173 (5th Cir. 1995) (duty to intervene standard when hazards are known and improvident)
- Fontenot v. United States, 89 F.3d 205 (5th Cir. 1996) (control concept; ownership does not equal control over hazards)
- Hess v. Upper Miss. Tow. Corp., 559 F.2d 1030 (5th Cir. 1977) (West caveat contexts for latent defects in repair/contract scenarios)
- Hill v. Texaco, Inc., 674 F.2d 447 (5th Cir. 1982) (latent danger assessment under vessel-owner duties)
- West v. United States, 361 U.S. 118 (1959) (narrow exception to liability for inherent contractual risks)
- McCuller v. Nautical Ventures, L.L.C., 434 F. App’x 408 (5th Cir. 2011) (open-and-obvious inquiry from injured longshoreman perspective)