Jordan v. Apache Corp.

Full title: Dave JORDAN, Plaintiff-Appellant v. APACHE CORP.; Island Operating Company…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 8, 2009

332 F. App'x 992 (5th Cir. 2009)

Opinion

No. 09-40414 Summary Calendar.

October 8, 2009.

Francis Isadore Spagnoletti, Spagnoletti Company, Houston, TX, for Plaintiff-Appellant.

Kenneth Ross Citti, Citti Associates, Houston, TX, Hal J. Broussard, Broussard Kay, Lafayette, LA, for Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 3:07-CV-58.

Before REAVLEY, JOLLY, and OWEN, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The judgment of the district court is affirmed. The plaintiff has failed to raise an issue of negligence by either Apache or Island Operating. Counsel would charge these defendants with a legal duty to foresee all of the circumstances that led the plaintiff to carry the toolbox and to take action to guard against any injury to him. The failure to do this, or to publish a policy requiring it, cannot be said to be unreasonable or violation of duty to Mr. Jordan.

AFFIRMED.