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Lefort v. C & E Boat Rental3/28/2001
Carter, J., concurs.
C & E Boat Rental, Inc. (C&E; appeals a judgment the trial court rendered denying its motion for summary judgment and granting the motion for summary judgment filed by Chevron U.S.A. Inc. (Chevron). The judgment requires C&E;to defend and indemnify Chevron from any liability arising from personal injuries allegedly incurred by Howard A. Lefort. Our review of the record reveals Chevron is entitled to judgment as a matter of law, and we affirm the well-reasoned judgment of the trial court.
BACKGROUND
Howard Lefort was a captain employed by C&E;on the M/V Rusty Eymard on December 12, 1994. On December 11, 1990, Chevron and C&E;entered into a Blanket Time Charter, and the Rusty Eymard was assigned to the exclusive use of Chevron during the month of December 1994. Capt. Lefort filed suit against C&E;and Chevron for injuries he allegedly received on board that vessel while he was inspecting the vessel's stern deck.
The record reveals that on the date of the accident, the Rusty Eymard was ordered to proceed to Chevron's Grand Isle 26 Papa Structure (Papa Structure), a fixed offshore platform located in federal waters of the Gulf of Mexico. Capt. Lefort moored the vessel to a part of the platform routinely used for mooring vessels and equipped with mooring bitts and a landing with a swing rope to effect the transfer of personnel between the platform and vessels. There were no signs to warn Capt. Lefort that he was mooring the Rusty Eymard under an oil discharge vent on the platform, which vent was not visible from the vessel.
While the Rusty Eymard was moored at the platform, a large quantity of oil escaped from the discharge vent and covered the back deck and cabin of the vessel. When Capt. Lefort stepped out of the cabin door onto the back deck for the purpose of inspecting the vessel, he allegedly slipped in the oil and was injured.
In its answer to the Lefort petition, C&E;asserted that any injuries to Capt. Lefort were caused by his own negligence. Chevron filed a cross-claim against C&E;for contractual indemnity and defense pursuant to the Time Charter provision concerning indemnification. Thereafter, both C&E;and Chevron filed motions for summary judgment addressing Chevron's claim for contractual indemnity against C&E;
After the trial court's rulings in favor of Chevron, C&E;perfected this appeal. According to C&E; "the sole issue ... is whether ... C&E;... agreed in 'language couched in unmistakable terms' to defend and indemnify Chevron for liability Chevron may incur here for negligently spilling oil from its fixed platform onto C&E;s vessel."
DISCUSSION
Central to the indemnity issue is the following language of the Time Charter between the "Owner" (C&E; and the "Charterer" (Chevron):
INDEMNITIES: Notwithstanding anything elsewhere contained in this charter, Owner hereby agrees to fully indemnify and hold Charterer and Charterer's co-venturers, co-operators and partners forever harmless, and to undertake to defend Charterer and Charterers' co-venturers, co-operators and partners, of and from any and all liabilities, losses, damages, and costs, of whatsoever nature or kind, for personal injury or death, or for damage to the property of third parties, or for damage to Charterer's and Charterer's co-venturers['], co-operators['] and partners' property, arising out of or in anyway directly or indirectly connected with the use of the vessel by Charterer and Charterer's co-venturers, co-operators and partners or the ownership, maintenance, management, operation, transportation of passengers, carryi
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