Morgan v. Baker Hughes, No. 18-8076 (10th Cir. 2020)Annotate this Case
Katherine Morgan, as wrongful death representative of her husband, David Morgan, brought direct negligence liability claims against Baker Hughes Incorporated (“Baker Hughes”) for the acts of its subsidiary, Baker Petrolite Incorporated (“Baker Petrolite”). In 2012, David Morgan was crushed to death by a heavy chemical tote while operating a forklift at his place of employment, a warehouse in Casper, Wyoming. There have been two trials in this case. At the close of Morgan’s evidence in the first trial, Baker Hughes moved for judgment as a matter of law. The district court granted Baker Hughes’ motion. We reversed on appeal, holding that Morgan had presented sufficient evidence for a reasonable jury to conclude that Baker Hughes was liable for David Morgan’s death In so doing, we interpreted Wyoming law on the liability of parent corporations for the acts of their subsidiaries. After the second trial, Morgan moved for judgment as a matter of law. The district court denied the motion, and the jury returned a verdict in favor of Baker Hughes. However, before submitting the case to the jury, the court rejected Morgan’s proposed jury instructions and overruled her objections to the court’s instructions. Morgan timely appealed these decisions and moved to certify the controlling question to the Wyoming Supreme Court. The Tenth Circuit concluded that Wyoming law on this issue was consistent with the Restatement (Second) of Torts section 414 and its commentary. Accordingly, the Court held that the district court correctly instructed the jury with respect to the relevant legal standard and did not err in making various decisions Morgan challenges on appeal.