NEW ORLEANS – A petroleum company alleges that it is not responsible for a purportedly work-related injury.
Texas Petroleum Investment Co. (TPIC) filed a verified complaint for exoneration form or limitation of liability on Feb. 25 in the U.S. District Court for the District Court of Louisiana alleging that it exercised due diligence and did not act in negligence regarding a worker seeking damages after an injury.
The suit arose when a Timmy and Betty Charpentier provided a written notice on Nov. 20, 2015, stating that they are seeking damages from TPIC for an incident which allegedly occurred on Aug. 9, 2012. TPIC alleges Timmy Charpentier was hired to work, via Shamrock Energy Solutions, on one of its Point Au Fer production platforms as a production operator. Timmy Charpentier alleged that a compressor's pressure valve released and caused him damages. TPIC denies any liability for the alleged compressor valve release.
The company asserts that following the alleged incident, Shamrock paid for Timmy Charpentier’s medical expenses and provided him with indemnity payments pursuant to the Louisiana Workers Compensation Act. TPIC alleges that Charpentier did not acknowledge himself as a Jones Act seaman during the time of the incident and did not demand maintenance and cure.
The company also alleges that Charpentier and his wife filed a suit against HUB Energy Services, which is the owner of the compressors, and that there was no mention of TPIC in that lawsuit. TPIC further claims that Charpentier’s initial petition against it holds no weight because the claim was focused on TPIC ownership of the compressor valve, which is not the case. The company also claims that Charpentier’s second petition filed on Nov. 20 also holds no weight because, as previously stated, it did not contribute or directly caused the incident in any way.
TPIC is asking the court to exonerate it from any liability or, alternatively, if the court finds that it is liable in any way, that the liability be limited to the value of its vessel Da Ja Vu at the price of $17,500. It is represented by Sean T. Mclaughlin and Bradley J. Schlotterer from Kean Miller and Jonathan A. Tweedy and Christy L. Johnson from Brown Sims in New Orleans.
U.S. District Court for Eastern District of Louisiana Case number 2:16-CV-01590