Stoot v. D & D Catering Service
United States Court of Appeals for the Fifth Circuit
807 F.2d 1197 (1987)
- Written by Daniel Clark, JD
Facts
Joseph Stoot (plaintiff) worked on an offshore oil rig as an employee of Fluor Drilling Services, Inc. (Fluor). Fluor hired D & D Catering Service, Inc. (D&D) (defendant) to provide meals for Fluor’s employees working on the rig. Eloise Porter, an employee of D&D, worked as the chief cook on the rig. Because of the nature of his duties, Stoot was unable to eat at regular mealtimes. Porter did not wish to provide meals outside of the regular hours. Stoot took the matter to Porter’s supervisor, who told Porter to feed Stoot outside of regular mealtimes. Porter, taking objection to Stoot going over her head, instigated an altercation with Stoot. Profanities were exchanged, and Porter ended up seriously injuring Stoot’s hand with her knife. Stoot sued D&D in district court, seeking damages. The district court found as a matter of law that D&D, as an independent contractor, could not be held liable for Porter’s torts while Porter was working as a member of the rig’s crew. The district court also found that Porter was not acting in the course of her employment when she injured Stoot. Stoot appealed.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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