Ganious v. Apache Clearwater Operations, Inc.

Ganious v. Apache Clearwater Operations, Inc.

Opinion

ORDER AND REASONS

On this date, the matter of the Plaintiff's Motion to Compel [Rec. Doc. # 13] came on for hearing before the undersigned Magistrate Judge. Present were H. Edward Sherman for the plaintiff, Arthur Ganious, and Evan T. Caffery for non-party, Baker/MO Services, Inc. For the following reasons, the Court GRANTED the plaintiff's motion to compel.

BACKGROUND

Plaintiff, Arthur Ganious ("Ganious"), a specialized labor employee under the direct supervision and control of Baker Energy Corporation, filed suit for injuries he sustained while working aboard Apache West Delta Platform 104C on the Outer [*2]  Continental Shelf. Plaintiff allegedly fell from the mezzanine level of the rig to the deck below, when the metal grating component upon which he was standing collapsed. As a result of the fall, plaintiff allegedly sustained serious injuries, was knocked unconscious and did not regain consciousness until after his medical evacuation to West Jefferson Hospital.

Plaintiff filed suit against defendants, Apache Clearwater Operations, Inc. (lessee/owner of the West Delta Platform 104C) and Apache Corporation (platform operator) (hereinafter referred to collectively as "Apache"). Jurisdiction is based on the Outer Continental Shelf Lands Act. Movant, Baker/MO Services, Inc. ("Baker/MO"), is not a party to the instant proceedings.

Baker/MO contracted with Apache to perform production work on the platform and employed plaintiff as an independent contractor. The day after the accident in question, Relie Reaux ("Reaux"), a Baker/MO employee in its Health, Safety & Environment Compliance ("HSEC") tech, investigated Apache West Delta Platform 104C and submitted a detailed HSEC report dated October 28, 2002, together with captioned photographs of the rig's mezzanine deck and various structural [*3]  components. Soon after the HSEC investigation and/or issuance of Reaux's survey report, the mezzanine deck of Apache West Delta Platform 104C was completely renovated or replaced.

Neither plaintiff nor his counsel had the opportunity to survey the condition of the rig in question before its renovation. Baker has cooperated with the plaintiff in providing Reaux's October 28, 2002 HSEC report addressing the conditions of Apache West Delta Platform 104C as they existed immediately following the accident; however, the paragraph addressing causation was redacted. Baker also provided the plaintiff color photographs taken in connection with Baker/MO's HSEC survey, but with the explanatory captions redacted.

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