Husmann et al v. Sundance Energy Inc et al

Filing 65

ORDER granting 51 Motion for Summary Judgment; granting 52 Motion for Summary Judgment, as more fully set out. Signed by Honorable David L. Russell on 12/16/15. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JACKYE HUSMANN; and
GARY HUSMANN,
Plaintiffs,
v.
SUNDANCE ENERGY, INC.,
SUNDANCE ENERGY OKLAHOMA,
LLC, d/b/a SEO, LLC; and TERRA
OILFIELD SERVICES, LLC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CIV-14-1436-R

ORDER
This matter comes before the Court on the Motions for Summary Judgment filed by
Defendants Sundance Energy, Inc, and Sundance Energy Oklahoma, LLC, d/b/a SEO, LLC
(hereinafter "Sundance"). Doc Nos. 51 & 52. Plaintiff responded in opposition to the
motion. Having considered the parties' submissions, the Court finds as follows.
Defendant Sundance, which hired Terra Oilfield Services, LLC to run the water from
Cottonwood Creek to the Sundance's well sites for purposes of fracking, seeks summary
judgment on the grounds that even if Terra was negligent, Terra was an independent
contractor and thus Sundance is not liable for its negligence. Plaintiff responds to the motion
and does not directly deny that Terra was an independent contractor, although certain of their
factual disputes appear designed to raise this issue. See e.g. Doc. 58 at p. 2, ¶ 7 ("By dictating
point A and point B, Sundance had partial control over the route the hose had to be installed
on in this case."). Rather, Plaintiff contends Defendant Sundance falls into the exception to

independent contractor non-liability that provides for liability where the defendant "owes a
non-delegable contractual or defined legal duty to the injured party." Bouziden v. Alfalfa
Elec. Co-op., Inc., 16 P.3d 450, 455 (Okla. 2000). Plaintiff correctly notes that "in such
cases, an employer may be held liable for the negligence of an independent contractor
although the employer has exercised reasonable care in all endeavors." Doc. No. 58 at p. 5
(quoting Bouziden, 16 P.3d at 455).
The Court has, this same date, entered a separate Order granting summary judgment
to Defendant Terra, finding that it owed no duty to Plaintiff in light of the open and obvious
status. Having concluded that Defendant Terra owed no duty to Plaintiff, Plaintiff cannot
establish that Defendant Sundance is liable for Terra's negligence. Accordingly, Defendant
Sundance is entitled to summary judgment in its favor. Furthermore, to the extent Plaintiff
argues that Sundance breached a duty owed to Plaintiff, Sundance is entitled to summary
judgment on the same grounds as the Court concluded Terra was entitled.
The motion for summary judgment filed by Defendants Sundance Energy, Inc, and
Sundance Energy Oklahoma, LLC, d/b/a SEO, LLC, is hereby GRANTED.
IT IS SO ORDERED this 16th day of December, 2015.

2