Originally published by David Coale.
W&T Offshore operates pipelines and platforms in the Gulf of Mexico. It hired Triton Diving to help repair a pipeline. Grogan, an independent contractor, fell and was injured when he went to work on a Triton vessel called the TRITON ACHIEVER. W&T and Triton both had indemnity rights against the other, giving rise to the case of Grogan v. W&T Offshore, No. 15-30369 (Jan. 27, 2016). The Fifth Circuit found no clear error in the district court’s conclusion that Grogan was W&T’s invitee and not Triton’s, detailing the control that W&T had over the project. In sum: “W&T’s project was the ultimate reason for Triton and [Grogan’s] presence on the work site, and any benefit to Triton from [Grogan’s] presence was indirect .”
from Texas Bar Today http://ift.tt/1PCIknG
via Abogado Aly Website