Vastar Resources, Inc. v. Popich Bros. Water Transport, Inc.

ORDER AND REASONS

MENTZ, District Judge.

Before the Court is a motion to dismiss for failure to state a claim filed by plaintiff, Vastar Resources, Inc. (“Vastar”) and a memorandum in opposition filed by defendant, Popich Brothers Water Transport, Inc. (“Popich Brothers”). The motion was taken under submission for decision on the briefs *695without oral argument. Having reviewed the motion, the memoranda of the parties, the record, and the law, the Court grants the motion to dismiss.

Background

In 1989, Alfred Dempsey was injured in a personnel basket transfer from an oil platform operated by ARCO1…