Lorton v. Diamond M Drilling Co.
Lorton v. Diamond M Drilling Co.
Opinion of the Court
This appeal is taken from the trial court’s order granting summary judgment against the plaintiff, James Lorton, in an action for damages for personal injury against Diamond M Drilling Company. The plaintiff was injured on the premises of Diamond M while unloading a barge for that company.
The trial judge found that the plaintiff was a “borrowed servant” of Diamond M on the date of his injury. As such, the plaintiff would be treated as an employee under the Act and thereby would be limited to workmen’s compensation and precluded from suing Diamond M for tort damages.
. The plaintiff alleged jurisdiction under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 905(b). Subsequently, plaintiff amended his complaint to allege diversity of citizenship. We shall assume that the latter is the sole basis for federal jurisdiction. In any event, the criteria to be used under the borrowed servant doctrine are the . same in Louisiana as in federal law. See Champagne v. Penrod, 341 F.Supp. 1282, 1285 (W.D.La. 1971), affd per curiam, 459 F.2d 1042 (5th Cir. 1972).
Reference
- Full Case Name
- James LORTON v. DIAMOND M DRILLING COMPANY, Defendant-Third-Party General Oilfield Services, Inc., and Hartford Insurance Company, Intervenors-Third-Party
- Cited By
- 5 cases
- Status
- Published