Legal Opinion

Robert O. Cupit and Donna Blair Cupit v. McClanahan Contractors, Inc., Formerly, Awi, Inc., Awi Drilling and Workover, Inc.

Court of Appeals for the Fifth Circuit

Decided October 5, 1993No. 92-3563PublishedCited by 51 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

McClanahan Contractors, Inc. appeals a district court decision denying limitation of liability. The district court based its decision on its findings that Doyle Samples, the tool-pusher in charge of the rig, was a managing agent of the vessel and that, therefore, his knowledge was imputable to the corporation. We reverse.

I

Robert Cupit was a derrickman aboard McClanahan (then AWI, Inc.) Rig No. 8, a movable drilling rig. On August 4, 1990, the drilling crew was conducting a “fishing expedition” to retrieve a pump-out disk from the hole. Cupit was assigned to bleed…

2Cases cited3 opinions

  1. Coryell v. PhippsSupreme Court of the United States · 1943
  2. Barry Brister and Karen Brister, Cross-Appellees v. A.W.I., Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
  3. Continental Oil Company v. Bonanza Corporation, and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1983

3Cited by51 opinions

  1. Reich v. LancasterCourt of Appeals for the Fifth Circuit · 1995
  2. Carr v. PMS Fishing Corp.Court of Appeals for the First Circuit · 1999
  3. Theriot v. Parish of JeffersonCourt of Appeals for the Fifth Circuit · 1999
  4. Mississippi Department of Transportation v. Signal International, LLCCourt of Appeals for the Fifth Circuit · 2009
  5. Complaint of Port Arthur Towing Co. on Behalf of M/V Miss CarolynCourt of Appeals for the Fifth Circuit · 1995

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