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Coho Resources6/27/2002
IN CHARGING THE JURY; GRANTING SOME JURY INSTRUCTIONS WHILE DENYING OTHERS.
IX. ALLOWING INTRODUCTION OF EVIDENCE CONCERNING INSURANCE.
X. SEVERING GLENN AINSWORTH FROM THE CASE.
. Coho and Cockrell argue that they are entitled to a JNOV on assignments of error I & VII, and that this Court should reverse and render on those issues. On the remaining issues, they argue that each is reversible error; therefore, this Court should reverse and remand to the trial court for a new trial. Concluding that assignments of error VI and VII have merit, we reverse and render on those issues. On all other issues we affirm the judgment of the trial court.
FACTS
. In 1990, Coho became the owner and operator of the existing oil and gas wells in the Soso oil and gas field in Jasper County, Mississippi. As owner and operator, Coho had the right to develop and produce the subsurface oil and gas, but did not own the surface rights. At the time that Coho took over, many of the wells had been previously taken out of production or "shut-in." Coho hired Smith Brothers to perform the workovers, reopening and restoring production in previously shut-in wells. Smith Brothers had been in the workover business for over a decade and had performed hundreds of such procedures, including over 50 in the Soso field alone.
. Although Smith Brothers had performed workovers for Coho for several years prior to the accident, it was not until August 1995 that they formalized their business relationship into a written contract. The contract states in relevant parts:
II(C) By submitting a bid, the CONTRACTOR acknowledges that he has studied and understands the job , knows the materials and conditions affecting the work and agrees to all provisions of Coho standard work contract.
II(D) CONTRACTOR shall enforce all safety practices throughout the period as designated on bid and shall use the utmost caution to guard against damage to life and property . . . .
III(C) . . . the CONTRACTOR shall promptly remove and replace any employee at any time such employee proves unsatisfactory to the COMPANY'S representative.
III(D) All personnel furnished by the CONTRACTOR are sole employees of the CONTRACTOR and shall not be considered the employees of the COMPANY.
V(A) . . . CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, furnish supervision, labor, equipment, machinery, tools, materials and supplies necessary for the performance of the work herein contemplated in a diligent, good and workmanlike manner . . . CONTRACTOR further covenants, warrants and represents that it is an expert in the work performed, that its employees . . . are suitably trained to safely perform the work and that all work performed hereunder shall be conducted safely. . . . COMPANY reserves the right of dismissal of CONTRACTOR'S personnel or termination of contract if a complete safety program is not followed, or from deviation from the following: . . .
VII. At all times during the term of this Agreement, CONTRACTOR, shall maintain insurance policies described below . . .
(A). Workers' Compensation Insurance in accordance with the laws of the State in which the work is performed, and Employer's Liability Insurance within minimum limits of $1,000,000.
X. CONTRACTOR shall be an independent contractor with respect to the performance of all work and service hereunder, and neither CONTRACTOR nor anyone employed by CONTRACTOR, shall be deemed for any purpose to be the employee, agent, servant or representative of COMPANY in the performance of any work or service hereunder. COMPANY shall have no directi
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