80 So. 3d 612
La. Ct. App.2011Background
- Marrero, plaintiff-appellant, sued Fluor for injuries from a fall inside a boiler during maintenance work.
- Cajun and Fluor worked at Entergy Nine Mile Point facility under separate contracts; Marrero was Cajun's employee.
- The boiler interior is a confined space with a designated entrance monitored by a hole watch; the east opening was the designated entry/exit point.
- On January 13–14, 2005, workers opened a west access panel to run welding leads; Marrero exited through the west hole and fell 16 inches to a lower level 30 feet below.
- Evidence showed the hole watch_LOGs mainly reflect entering/exiting through the east opening; Braggs and Castro disputed leaving via the west.
- Jury found Fluor not negligent; Marrero received workers’ compensation; Marrero appealed asserting negligence and garde/breach of safety procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Fluor negligent for Marrero's exit via the west hole? | Marrero relied on others' statements and safety procedures permitting west exit. | Hole watch and OSHA/Cajun rules required exit through designated east opening; west exit violated policy and safety. | No reversible error; jury could find no negligence. |
| Whether the directed verdict on La.C.C. arts. 2317 and 2317.1 was proper. | Garde over the boiler door and exterior catwalk could be a factual issue for jury. | No garde; no custody/control by Fluor; verdict appropriate as matter of law. | Directed verdict affirmed; jury finding not negligent sustained. |
Key Cases Cited
- Stobart v. State through Dept. of Transp. & Dev., 617 So.2d 880 (La.1993) (manifest error standard for factual findings)
- Reed v. Columbia/HCA Information Systems, Inc., 786 So.2d 142 (La.App. 5th Cir. 2001) (directed verdict where evidence preponderates in movant's favor)
- Dupree v. City of New Orleans, 765 So.2d 1002 (La.2000) (fact-intensive garde analysis governed by directed verdict standard)