Collingwood v. Knots Marine Inshore, Inc. et al

Filing 21

ORDER AND REASONS: IT IS ORDERED that 17 Motion for Summary Judgment filed by defendant/cross claimant Knots Marine Inshore, Inc. is DENIED without prejudice as premature. Signed by Judge Jay C. Zainey on 8/18/2017. (ajn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MATTHEW LEWIS COLLINGWOOD

CIVIL ACTION

VERSUS

NO: 17-4888

KNOTS MARINE INSHORE, INC., ET
AL.

SECTION: "A" (2)

ORDER AND REASONS
The following motion is before the Court: Motion for Summary Judgment
(Rec. Doc. 17) filed by defendant/cross claimant Knots Marine Inshore, Inc.
Defendant Weeks Marine, Inc. opposes the motion. The motion, submitted on August 9,
2017, is before the Court on the briefs without oral argument.
On or about May 20, 2016, Matthew Collingwood sustained personal injuries in
the course and scope of his employment with Knots Marine. The accident allegedly
occurred when Knots Marine’s vessel, the HOOKING BULL, was struck by the
ALEXANDRIA, a vessel owned and operated by Weeks Marine. Knots Marine contends
that Weeks Marine owes defense and indemnity pursuant to the parties’ Master Services
Agreement.
Weeks Marine points out in its opposition to the motion that the Agreement’s
release obligations are not absolute because they do not apply to willful misconduct or
sole negligence by Knots Marine. Moreover, no discovery has been exchanged and the
case is in its infancy. According to Weeks Marine, Knots Marine’s motion, which relies
solely on the Agreement itself, is not well-supported with evidence for purposes of
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obtaining summary judgment.
For the reasons argued by Weeks Marine, the Court finds Knots Marine’s motion
to be premature.
Accordingly, and for the foregoing reasons;
IT IS ORDERED that the Motion for Summary Judgment (Rec. Doc. 17)
filed by defendant/cross claimant Knots Marine Inshore, Inc. is DENIED without
prejudice as premature.
August 18, 2017

JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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