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Laws-info.com » Cases » Louisiana » Louisiana Supreme Court » 1998 » 98-C-0343 C/W 98-C-0356 DUAL DRILLING COMPANY v. MILLS EQUIPMENT INVESTMENTS,
98-C-0343 C/W 98-C-0356 DUAL DRILLING COMPANY v. MILLS EQUIPMENT INVESTMENTS,
State: Louisiana
Court: Supreme Court
Docket No: 98-C-0343
Case Date: 01/01/1998
Preview:SUPREME COURT OF LOUISIANA No. 98-C-0343 C/W No. 98-C-0356 DUAL DRILLING COMPANY versus MILLS EQUIPMENT INVESTMENTS, INC., TRAVIS VOLLMERING, ATLAS IRON AND METAL COMPANY, DOYLE HENDERSON, and SOUTHERN SCRAP OF MORGAN CITY, INC. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS TRAYLOR, Justice* We granted writs in this case to determine whether Louisiana law provides for a tort of conversion akin to that of the common law which imposes strict liability upon the tortfeasor. Intertwined in this is the determination of whether the tortfeasors should be held liable jointly or otherwise. FACTS AND PROCEDURAL HISTORY On October 15, 1990, partners Travis Vollmering (Vollmering) and Atlas Iron and Metal Company (Atlas) agreed to purchase an inoperative off-shore oil rig (Rig 16) from Dual Drilling (Dual) located at the Tidex shipyard in Amelia, Louisiana. Rig 16 was comprised of three segments: an engine room, a cement room, and a pump room. The contract of sale established that Dual retained ownership of the quarters package, the derrick (complete with starting legs and storage baskets), and two National mud pumps. Vollmering reviewed the offer, blue prints of Rig 16, and inspected the rig prior to the purchase. Subsequent to the sale, Atlas engaged Southern Scrap Recycling, Morgan City (Southern) to dismantle Rig 16 and sold the majority of the scrap metal to Southern. Southern memorialized the agreement, stating in pertinent part: This will confirm our conversation between your representative Mr. Travis Vollmering and the writer with reference to the Dual rigs located at the Tidewater Yard in Amelia, La. It is mutually agreed and understood that you will be responsible for removing any large items from the rig. These items will include but not be limited to the following: cranes, mud pumps, derrick base, SCR unit and

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LEMMON, J., not on panel. See Rule IV, Part 2,
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