Fifth Circuit Re-Examines Scindia Duties

In June 2015, an employee of Modern American Recycling Service (MARS) was killed when he stepped through an unmarked open hole on a platform. The hole was created by Manson Gulf, LLC during its decommissioning process of the platform. Manson filed a complaint seeking exoneration or limitation from liability against MARS. The surviving spouse of the employee also brought suit against Manson and MARS, alleging negligence under both maritime and Louisiana law. Manson and MARS then moved for summary judgment and the district court granted both parties' motions. The District Court found neither Manson nor MARS liable under § 905 of the Longshore and Harbor Workers' Compensation Act (LHWCA).