Hefren v. McDermott, Inc.

820 F.3d 767, __ AMC __ (2016)

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Hefren v. McDermott, Inc.

United States Court of Appeals for the Fifth Circuit
820 F.3d 767, __ AMC __ (2016)

CS

Facts

McDermott Inc. (defendant) designed and built an offshore oil-drilling and production platform, the Front Runner Spar, for Murphy Exploration & Production Company, USA (Murphy) (defendant). Murphy accepted delivery of the facility in May 2004. The Front Runner Spar was secured to the ocean floor in a specific location and was intended to remain in that location for the duration of its lifespan. Although it could technically be moved to another offshore location, doing so would be expensive and difficult. James Hefren (plaintiff) worked for Murphy on the Front Runner Spar and was seriously injured on the structure in June 2011 when a valve flange struck him in the face. Hefren sued Murphy and McDermott, alleging that Murphy had failed to take necessary safety precautions and that McDermott had failed to properly design and construct the structure. McDermott moved for summary judgment to dismiss Hefren’s claims against McDermott, alleging those claims were barred by Louisiana’s five-year statute of limitations for claims related to the design or construction of immovable property. The district court held that the Front Runner Spar was in fact immovable property, granted McDermott’s motion, and dismissed Hefren’s claims against McDermott. Hefren appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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