Taylor v. Nabors Drilling USA, LP, No. 2:11-CV-234-KS-MTP, 2013 U.S. Dist. LEXIS 14555 (S.D. Miss. Feb. 4, 2013)

(motion for summary judgment in personal injury case; plaintiff was injured while working on oil rig; plaintiff was an employee of an independent contractor hired to run casing on an oil rig; defendant’s employee was operating elevator to lift joints of casing up to derrick; plaintiff sued defendant for injury after elevator struck plaintiff; defendant argued it was not liable because an independent contractor had control of premises at time of injury; court held questions of fact remained regarding control; court also declined summary judgment on assumption of the risk defense; court held plaintiff’s claim did not require expert testimony; court did grant summary judgment on plaintiff’s claim for punitive damages as simple negligence does not merit punitive damages).