Premises Liability - Kenneth W. Gray, v. Energy XXI GOM, LLC, Energy XXI (Bermuda) Ltd., and John L. Soileau, Inc.
In May of 2013, Mr. Cass defended the owners and operators of a fixed production platform in a slip and fall lawsuit filed in the United States District Court for the Middle District of Louisiana. The owners and operators of the platform have interests in six of the eleven largest oil fields in the Gulf of Mexico with a market cap of $2.0 billion. After taking the deposition of the Plaintiff, the owners and operators filed a Motion for Summary Judgment based on the testimony elicited from the Plaintiff. In his ruling, Judge James Brady stated the "uncontroverted evidence presented in the owners' and operators' reply brief" shows there was no evidence of an unreasonable risk of harm. In denying the co-defendant’s Motion for Summary Judgment the Court highlighted the plaintiff and co-defendant’s failure to respond to the owners and operators independent contractor argument. The court held, even if the co-defendant was ultimately held liable for the plaintiff's injuries, the owners and operators would not be held liable as the co-defendant’s principal. All claims against the owners and operators were dismissed with prejudice.
Kenneth W. Gray, v. Energy XXI GOM, LLC, Energy XXI (Bermuda) Ltd., and John L. Soileau, Inc., United States District Court for the Middle District of Louisiana No. 12-cv-165JJB