Over-ACHIEVER

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 .”

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