Buckbee v. United Gas Pipe Line Co.

William Buckbee and his coworker at a refining plant needed to remove a plug from a heater that was previously owned by the United Gas Pipe Line Company, Inc. (United Gas) (defendant). After several unsuccessful attempts to remove the plug, Buckbee left his coworker and went into the plant office for 10 minutes. When Buckbee returned, he and the coworker used a torch and applied heat to loosen the plug. However, the torch ignited a fire that severely burned Buckbee and his coworker. Buckbee died from his injuries. Buckbee’s widow and child (plaintiffs) sued United Gas. At trial, the court permitted Buckbee’s supervisors to testify that the plug should have been removed without using heat and that the supervisors had discussed the proper cold-removal procedure with Buckbee before the accident. However, the court did not allow Buckbee’s injured coworker to testify that before the accident, Buckbee told the coworker that he was going to the plant office to seek permission to heat the plug. The court also refused to let the coworker testify that after Buckbee returned from the plant office, he said that he had received permission to apply heat. The jury ultimately denied recovery to Buckbee’s widow and child based on Buckbee’s contributory negligence. The widow and child appealed, and the appellate court affirmed. The Louisiana Supreme Court reviewed the case.