Miller v. Cox Operating L L C
6:23-cv-00566
W.D. La.Aug 13, 2025Background
- Nicholas Miller, a welder for Ace Investments, LLC, was injured on the Cox-owned ST26D offshore platform when a storage locker was blown over by a severe storm and struck him.
- Several independent contractors were involved in platform operations, including Ace (structural work), IOS (construction supervision), GSSI (scaffolding/fire watch), and Crosby (operational safety).
- At issue are two motions for summary judgment by IOS (including supervisor Sonny Miller) and GSSI, both seeking dismissal of negligence claims against them.
- The accident followed a sudden severe weather event; a Cox-owned, unsecured tool cabinet blew over in high winds. Plaintiff claims the defendants negligently failed to secure equipment and ensure safety in light of known weather risks.
- The case is governed by the Outer Continental Shelf Lands Act, applying Louisiana negligence law due to the platform's location.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cox's operational control absolved IOS | Cox lacked operational control; IOS/Sonny independently negligent. | IOS: Cox had operational control, absolving IOS; MSA required following Cox's policies. | Cox did not reserve operational control; summary judgment denied. |
| IOS/Sonny's independent negligence | Sonny failed to call stop-work or inspect/securing storage locker. | IOS: Deny any independent negligence or liability. | Factual issues remain on independent negligence; summary judgment denied. |
| GSSI's duty to intervene as fire watch | GSSI's fire watch should have used stop-work authority due to weather. | GSSI: No duty to intervene—no special relationship; not present at accident. | Genuine fact issues on duty and proximate cause preclude summary judgment. |
| Proximate cause of injury | GSSI's failure as fire watch allowed accident; injury would not occur otherwise. | GSSI: No causation—ACE crew likely moved locker; not their negligence. | Factual disputes on causation; jury must decide; summary judgment denied. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard for absence of genuine dispute of material fact)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (defines genuine issue of material fact and standard for summary judgment)
- Lemann v. Essen Lane Daiquiris, Inc., 923 So. 2d 627 (Louisiana negligence duty-risk analysis standard)
- Fruge ex rel. Fruge v. Parker Drilling Co., 337 F.3d 558 (operational control test for independent contractor liability under Louisiana law)
- Duncan v. Kansas City S. Ry. Co., 773 So. 2d 670 (sets out elements of negligence under Louisiana law)
- Poynor v. Cure, 443 So. 2d 1151 (control test for determining employer/employee relationship in Louisiana)