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Wright v. Coastal Fabrication4/6/2005
AFFIRMED.
Kerry Wright, an injured worker , and Employers' Self Insured Fund, who intervened seeking to recover any workers' compensation benefits and medical expenses awarded, appealed the trial court's granting of Louisiana Safety's motion for summary judgment. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
On June 27, 2001, plaintiff, Kerry Wright, was seriously injured when he fell from scaffolding he was working on at the yard of Coastal Fabrications. Wright was a general laborer who was provided to Coastal by Total Staffing, an employment leasing agency. At the time of the accident, Louisiana Safety Consultants was under contract to Coastal to provide services involving workplace safety. The contract began in February 2001, and required Louisiana Safety to visit Coastal's site five times per month to conduct one complete safety audit and four mini safety audits. Louisiana Safety was also to conduct safety meetings on the visits and coordinate training programs. Coastal maintained its own safety committee, which determined what topics were covered at the safety meetings.
After its May 2001 inspection, Louisiana Safety recommended to Coastal that all scaffold erection and use should be suspended until a qualified person was appointed to train Coastal's employees. It also recommended that all scaffolding meet OSHA standards and be inspected daily. Ron Olivier, the president of Louisiana Safety, offered to have his company train Coastal's personnel in scaffold erection and use. Coastal declined this offer, even though it was recommended by Anna Armand, who negotiated the contract with Louisiana Safety on Coastal's behalf .
Coastal instead contracted with Specialized Services to supply a qualified scaffolding foreman. Coastal also hired some qualified scaffold workers and employed other workers provided by Total Staffing. Plaintiff was a general laborer provided by Total Staffing and was not trained for work on scaffolding. Louisiana Safety had no connection with plaintiff.
On the morning of the accident, LSC conducted a safety meeting at Coastal which plaintiff attended. Dennis Vaughan, who conducted the meeting for Louisiana Safety, stated he instructed all employees to tie off their safety harnesses if they were working on four foot or higher scaffolding. After the meeting, Vaughan departed the premises.
Following the meeting, Coastal, at plaintiff's request, allowed him to work as a scaffold builder despite his lack of training. Shortly thereafter, plaintiff fell from the scaffolding and suffered serious injury because he failed to secure his safety harness.
Plaintiff filed a personal injury lawsuit against Coastal, Specialized Services, Louisiana Safety and their various insurers seeking damages for the injuries suffered in the fall. Louisiana Safety was made a defendant in a Petition of Intervention filed by intervenor, Employers Self Insured Fund, that sought to recover any workers' compensation benefits and medical expenses paid to or on behalf of plaintiff as a result of his injuries.
Louisiana Safety filed a motion for summary judgment, contending it did not breach a duty owed to plaintiff. After numerous continuances and the filing of memoranda, a hearing was held. After taking the matter under advisement, the trial court rendered judgment in favor of Louisiana Safety granting the motion for summary judgment. Shortly after this judgment was rendered, plaintiff informed the court he had settled all claims against Coastal, Specialized Services and Employers'. Plaintiff and Employers' appealed the trial court's granting of Louisiana Safety's motion for summary judgme
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