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JOHNSON v. SEACOR MARINE CORP.

Nos. 03-31005, 03-31038 and 03-31161.

404 F.3d 871 (2005)

Donald J. JOHNSON, Plaintiff, v. SEACOR MARINE CORP., et al., Defendants, SEACOR Marine Corp., Defendant-Third-Party Plaintiff-Appellee, v. Gray Insurance Co., et al., Third-Party Defendant, Gray Insurance Co., Third-Party Defendant-Appellant. Donald Fleming, Plaintiff, v. Grand Isle Shipyard, Inc., et al., Defendants, SEACOR Marine, Inc., Defendant-Third-Party Plaintiff-Appellant, v. Gray Insurance Co.; Production Management Industries, L.L.C., Third-Party, Defendants-Appellees. Gerald W. Hoffpauir, Plaintiff, Production Management Industries, L.L.C.; Gray Insurance Co., Intervenor Plaintiffs-Counter Defendants-Appellees, v. SEACOR Marine, Inc., Defendant-Intervenor Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 2005.

Attorney(s) appearing for the Case

Alfred J. Rufty, III (argued), Harris & Rufty, New Orleans, LA, for Seacor Marine Corp.

Philip E. Henderson (argued), Henderson, Reilly & Boudreaux, Houma, LA, for Gray Ins. Co.

Patrick Joseph Veters (argued), Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Production Management Industries LLC.

Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This consolidated appeal presents the question of whether a labor contractor's contract to hold harmless and indemnify a vessel operator for injuries, sustained by that contractor's employees while riding on the operator's vessel, is supported by consideration when the vessel operator owes a pre-existing duty to an oil company to transport those same employees. We conclude that the contract is supported by consideration and is enforceable...

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