Creed F. Brown v. Cities Service Oil Company, Defendant/third Party v. Augenstein Construction Company, Inc., Third Party

POLITZ, Circuit Judge:

In this diversity negligence action, defendant Cities Service Company, a/k/a Cities Service Oil Company, appeals the district court’s entry of a judgment non obstante veredicto in favor of the plaintiff Creed F. Brown and the third-party defendant Augenstein Construction Company, Inc. Concluding that the district court erroneously applied the substantive tort law of Texas instead of that of Louisiana, we reverse and remand for a new trial.

Facts and Procedural Background

Cities Service, a Delaware corporation, operates a major oil refining plant in Lake Charles, Louisiana.…