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Becker v. Tidewater Inc.

A jack-up rig is a vessel and can also be considered an OCSLA (Outer Continental Shelf Lands Act) situs. 5th U.S. Circuit Court of Appeals, No. 08-30183, 08-28-2009.

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Before JONES, Chief Judge, WIENER, and BENAVIDES, Circuit Judges.

This is an appeal from a trial stemming from injuries sustained by Plaintiff-Appellant Seth Becker (“Seth”) while he was aboard an oil rig in the Gulf of Mexico. After a bench trial, the district court held Defendant-Appellant Baker*fn1 55% liable for Seth’s injuries and Defendant-Appellee Tidewater*fn2 45 % liable for Seth’s injuries. The court also held that Baker was obligated to fully indemnify Tidewater for any liability for its negligence resulting in an injury to Seth. Baker appeals the district court’s denials of summary judgment as well as the court’s final judgment on issues of apportionment of fault and indemnity. Seth also appeals the district court’s apportionment of fault and its findings concerning gross negligence. Based on the following analysis, we affirm in part and reverse in part the judgment of the district court and remand for proceedings consistent with this opinion.

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