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Plaintiff Terry Odom was injured when a hoist manufactured by Monogram Industries and Eaton Corporation fell on him while he was an employee of Noble Drilling Corporation, which owned and operated the oil rig. The original defendants, Monogram and Eaton (now third-party plaintiffs), alleged that Noble modified, inadequately maintained, and improperly repaired the hoist, leading to a breach of warranty. Noble, the third-party defendant, moved for summary judgment, asserting immunity under § 905(a) of the Longshoremen & Harbor Workers Compensation Act. The Court found no express or implied agreement for indemnification between the manufacturer/seller and purchaser/user. Furthermore, any duty breached by Noble was owed to its employees, not the third-party plaintiffs, and liability was extinguished by § 905(a). Consequently, the Court granted Noble's motion for summary judgment, dismissing the third-party plaintiffs' claim.
Odom v. Monogram Industries, Inc. is a workers' compensation case decided in District Court, S.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. Texas.
Full Decision Text1 Pages
Plaintiff Terry Odom was injured when a hoist manufactured by Monogram Industries and Eaton Corporation fell on him while he was an employee of Noble Drilling Corporation, which owned and operated the oil rig. The original defendants, Monogram and Eaton (now third-party plaintiffs), alleged that Noble modified, inadequately maintained, and improperly repaired the hoist, leading to a breach of warranty. Noble, the third-party defendant, moved for summary judgment, asserting immunity under § 905(a) of the Longshoremen & Harbor Workers Compensation Act. The Court found no express or implied agreement for indemnification between the manufacturer/seller and purchaser/user. Furthermore, any duty breached by Noble was owed to its employees, not the third-party plaintiffs, and liability was extinguished by § 905(a). Consequently, the Court granted Noble's motion for summary judgment, dismissing the third-party plaintiffs' claim.
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