Appeal from the 151st District Court Harris County, Texas
Trial Court Case No. 2015-77477
consists of Justices Lloyd, Kelly, and Hightower.
Sanchez was injured on a jobsite while working for
independent contractor Precision Drilling Holdings Company
(Holdings). He sued Precision Drilling Company, LP
(Precision), another independent contractor working at the
jobsite, for negligence in failing to ensure a safe work
environment. In one issue, Sanchez challenges the trial
court's rendition of summary judgment in favor of
Precision on both matter-of-law and no-evidence grounds.
Operating LLC, an exploration and production company,
contracted with Precision to drill several oil and gas wells.
As part of the contract, COG agreed to pay Precision for
"mobilization," which included "move in, rig
up, [and] rig down."
contracted separately with Holdings to transport oil and gas
rigs at its well sites. Sanchez worked as a
"swamper" for Holdings, mainly assisting
Holdings' truck drivers in moving the rigs.
April 30, 2013, Sanchez and fellow Holdings employees Ivan
Torres and Austin Matejowsky were working to transport
Precision's Rig 105 to a COG well site. As part of this
project, the three men were tasked with loading a portable
generator onto a pole truck and moving it to another position
at the site.
to Torres's instructions, Sanchez used chains and rope to
secure the generator to the truck. Once the generator was
loaded, Torres got behind the wheel of the pole truck.
Sanchez and Matejowsky remained outside of the truck, and
Matejowsky began flagging Torres to back it up. While he was
directing Torres, Matejowsky radioed Precision's rig
manager, Ricky Menard-the only Precision employee involved in
the accident-to ask him where they should place the
generator. At that moment, the generator began to swing to
the drivers' side, causing Torres to lose control of it.
In an effort to gain control of the generator, Sanchez held
onto the tag line with two hands and followed it to the rear
of the truck. Matejowsky saw neither the load begin to swing
nor Sanchez's position behind the truck, and continued
flagging Torres to back up. As Sanchez stepped between the
generator and the pole truck, the pole truck ran over his
right foot and leg. Sanchez suffered severe injuries, and as
a result, had to have his leg amputated.
sued Precision for negligence, alleging that it breached its
duty to maintain a safe work environment for the mobilization
work he was performing when he was injured.
moved for both traditional and no-evidence summary judgment.
The trial court granted Precision's motion and dismissed
A.Standard of ...