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SUPREME COURT OF LOUISIANA 96-CC-2075

FLOYD KEITH, ET UX. VERSUS UNITED STATES FIDELITY & GUARANTY COMPANY, ET AL.

ON WRIT OF CERTIORARI FROM THE THIRD CIRCUIT COURT OF APPEAL, PARISH OF CALCASIEU, LOUISIANA

KNOLL, Justice.* This litigation involves an action to recover damages for injuries Floyd H. Keith (Keith) suffered in an oilfield accident on February 27, 1991, while he was employed with K & D Well Service (K & D) as a floor hand on a land based drilling rig. Keith and his wife sued Blaney's Oilfield Specialty, Inc. and/or Blaney's Oilfield Supply, Inc. (Blaney), the lessor/owner of a set of slips in use at the time of the accident, and its liability insurer, United States Fidelity & Guaranty Company (USF&G), alleging that the accident was caused by Blaney's fault, negligence, and strict liability in furnishing K & D with defective, worn, and dangerous rental equipment. Blaney and USF&G answered, denying liability and affirmatively pleading that the accident was caused by the fault of Keith and his co-employees. Subsequently, they supplemented their answer to plead the fault of Keith's employer, K & D, as an affirmative defense to the action. In particular, they stated: In the alternative, defendants, allege that the accident complained of herein occurred as a result of the negligence

*

Lemmon, J. not on panel. Rule IV, Part 2

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