Fontenot v. Halliburton Co.

        Porter, Scofield & Cox, Lake Charles, La., for plaintiff.

        Plauche & Plauche, Lake Charles, La., for defendant.

        EDWIN F. HUNTER, Jr., District Judge:

        Alleging that he is a 'seaman' and demanding recovery under the Jones Act, plaintiff orings this suit against his employer, Halliburton, a company engaged, among other activities, in servicing oil rigs. This suit was filed on November 30, 1965. It came on for trial October 28, 1966, on the single issue of whether the plaintiff was a seaman and member of a crew of a vessel within the meaning and purview of the Jones Act. The Court makes findings on this issue:

        1. On December 29, 1962, and some time prior thereto, plaintiff was an employee of Halliburton.         2. Plaintiff, on or about December 29, 1962, was allegedly injured while working on Kerr-McGee Rig No. 46 in the Gulf of Mexico, offshore from Cameron, Louisiana.         3. Kerr-McGee Rig No. 46 is a special purpose drilling vessel owned by Kerr-McGee and drilling under contract for J. Ray McDermott on the alleged date of the accident.         4. Halliburton was neither the owner, the charterer, nor the lessee of Kerr-McGee Rig No. 46.         5. Fontenot was employed as a cementer's helper. His sole responsibility was the operation and maintenance of the Halliburton equipment when it was temporarily aboard Kerr-McGee Rig No. 46. He did not operate the rig or any of its appurtenances, did not drill, run pipe, roll pipe, operate or handle any of the rig equipment.         6. Fontenot was assigned to various jobs on a rotating basis with other Halliburton employees. There was no permanent assignment. He did not perform a substantial portion of his duties aboard Kerr-McGee Rig No. 46 or aboard any group of specific vessels.         7. Fontenot's work assignment with regard to any job or structure was transitory, connected solely with Halliburton services, and terminated with the completion of the specified services rendered.         8. Fontenot worked indiscriminately on land and offshore as the location of the job required.         9. Attached hereto are Exhibits 1 and 2 which reveal Fontenot's work history and assignments for the ten (10) week period immediately preceding the accident.

        CONCLUSION

        In the past forty years, we have seen a tremendous expansion of the 'seaman' concept far beyond the traditional interpretation of that term. As recently as May of this year, the Fifth Circuit seems to have completed the circle (Gianfala v. Texas Company, 350 U.S. 879, 76 S.Ct. 141, 100 L.Ed. 775) and has now ruled that a worker more or less permanently attached to a submersible drilling barge may be a seaman as a matter of law. Producers Drilling Company v. Gray (5th Cir., 1966), 361 F.2d 432. In the instant case Kerr-McGee Rig No. 46 is a vessel, and the fact that Halliburton did not own or operate the rig does not deprive Fontenot of his seaman's status. The fundamental attack on plaintiff's status is pegged on the fact that he was not 'more or less' permanently assigned to a vessel. It is apparent that Fontenot was never permanently assigned to a specified vessel, or a group of specified vessels. It is apparent, too, that he did not do a substantial part of his work on a specified vessel or a group of specified vessels.

        The facts here are similar to those in Rotolo v. Halliburton (5th Cir., 1963), 317 F.2d 9. We find that Fontenot was not a 'seaman' within the meaning of the Jones Act. Accordingly, judgment is granted for defendant.

        EXHIBIT 1

WORK HISTORY AND DAYS AND PERCENTAGES 8/5/62 through12/30/62
--------------------------------------------------------------------------------
Total days	148 days	100%
Total days "on call" or
"days off"	60 days	41%
Total days sick	5 days	3%
Exclusive inland work	23 days	16%
Exclusive offshore work	21 days	14%
Total days part inland and
part offshore	39 days	26%

        EXHIBIT 2

TABULATION OF CLAIMANT'S SERVICE JOBS AUGUST 6,1962, through DECEMBER 31, 1962
----------------------------------------------------------------------------------------------
CEMENTING SERVICE INVOICE AND TICKET	DATE	NUMBER & FIELD LOCATION	HALLIBURTON EQUIPMENT & IDENTIFICATION #
-------------	------------	------------------	----------------
CS 746795	8-6-62	#A-78 Gulfland	Truck HT-400
		Hackberry, La.	6770 H.V.
CS 746911	8-10-62	#1 Mecom	Truck 6939
		Johnson Bayou	T-HT 400
CS 746912	8-11-62	#4 Layne	Truck HT 400
		Gillis	6939
CS 746959	8-16-62	#D-3 W. Hackberry	Truck HT 400
			6408
CS 746735	8-20-62	#1 OCS 0917	Skid Unit #162
		Blk, 312 W.Cameron

CS 746736	8-24-62	#4 OCS 0558	Skid Unit #226
		Blk 66--Vermilion
CS 746737	8-26-62	#1 OCS 0917	Skid Unit #162
		Blk 321 W. Cameron
CS 746738	9-1-62	#D-1 OCS 0265	Skid Unit #114
		West Cameron
CS 746739	9-4-62	#1 Bonita	Skid Unit #160
		Blk 114 Vermilion
CS 746740	9-7-62	#2 OCS 0902	Skid Unit #176
		Blk 229 West Cameron
CS 746741	9-9-62	#2 OCS 0902	Skid Unit #176
		Blk 229 West Cameron
CS 746742	9-15-62	#1 Stil 5163839	Skid Unit #174
		Blk 117 West Cameron
CS 746718	10-2-62	#4 OCS 0562	Skid Unit #203
		Blk 77 Vermilion
CS 746745	10-19-62	#2 State Lease 3760	Skid Unit #174
		W. Cameron Blk 6
CS 746746	10-20-62	#3 State Lease 3535	Skid Unit #168
		E. Cameron Blk 17
CS 746747	10-22-62	"	Skid Unit #168
CS 746748	10-25-62	#1 OCS 0220	Skid Unit #156
		State Lease 1430
CS 746749	11-2-62	3 Bonita B	Skid Unit 160
		Vermilion Blk 114
FS 145775	11-13-62	A-1 Harmony	Truck #6427
		Ged. (Land)	Twin HT 400
CS 929786	11-16-62	Choats Creek Field	Truck #6427
		(Land)	Twin HT 400
CS 929726	11-15-62	B-1 Bonita	Skid Unit #160
		Vermilion Blk 114
CS 929727	11-16-62	B-1 Bonita	Skid Unit #160
		Vermilion Blk 114
CS 929728	11-17-62	"	"
CS 929729	11-19-62	"	"
CS 929730	11-30-62	#1 OCS 0681	Skid Unit #121
		Blk 25 (E. Cameron)
CS 929731	12-1-62	#7 State Lease 1172	Skid Unit #151
		Blk 9 (E. Cameron)
CS 929750	12-3-62	E1 OCS 0265	Skid Unit #114
		E. Cameron Blk 33
CS 929501	12-15-62	#2 OCS 0925	Skid Unit #136
		W. Cameron
CS 929502	12-17-62	#7 State Lease 1172	Skid Unit #151
		E. Cameron Blk 9
CS 929503	12-19-62	E1 OCS 0265	Skid Unit #114
		W. Cameron Blk 33
CS 929734	12-30-62	E1 OCS 0684	Skid Unit #168
		W. Cameron Blk 68
Pan American & Brewster & Barthe	Land	Inland Barge
Cities Service & Prince Marine	Land	Inland Barge
Sun Oil & Glasscock Chapman	Land	Inland Barge
Pan American & Allied Well Service	Land	Land Rig
British American & Kerr-McGee	Offshore	Special Drilling Vessel
Pure Oil & La. Delta Offshore	Offshore	"
British American & Kerr McGee	Offshore	"
J. Ray McDermott & The Offshore Co.	Offshore	"
Phillips & Odeco	Offshore	"
Forest Oil & Zapata Offshore	Offshore	"
Forest Oil & Zapata	Offshore	"
California & Rowan	Offshore	"
Tenneco & Penrod	Offshore	"
California & Rowan	Offshore	"
Tenneco & Kerr-McGee	Offshore	"

"	"	"
Sohio & Odeco	Offshore	"
Phillips & Odeco	Offshore	"
Creole	Land	Land Rig
Sunray & Ward Well Service	Land	Land Rig
Phillips & Odeco	Offshore	Special Drilling Vessel
Phillips & Odeco	Offshore	"
"	"	"
"	"	"
Street & Zapata	Offshore	"
Natural Gas Odeco	Offshore	"
J. Ray McDermott & Offshore 53	Offshore	"
Union & Reading & Bates	Offshore	Stationary Platform
Natural Gas & Odeco	Offshore	Special Drilling Vessel
J. Ray McDermott & Offshore	Offshore	"
J. Ray McDermott & Kerr-McGee	Offshore	"