Devore v. American Eagle Energy Corporation, et al.Annotate this Case
Dylan Devore appealed summary judgments dismissing his negligence and gross negligence claims against defendants American Eagle Energy Corporation, Integrated Petroleum Technologies, Inc. (“IPT”), and Brian Barony. Devore was a crew supervisor for Fort Berthold Services (“FBS”), which provided water transfer services for hydraulic fracturing operations at oil wells. In February 2014, American Eagle Energy Corporation began hydraulic fracturing operations on an oil well in Divide County, North Dakota and contracted with FBS to provide water. American Eagle also contracted with IPT, a consulting company. Though IPT coordinated American Eagle’s independent contractors, American Eagle authorized any contractor to stop work at any time if a work condition was unsafe. IPT had no contractual relationship with FBS. FBS took direction from IPT, but FBS controlled its own day-to-day activities, including how it performed its work. On the morning of March 2, 2014, ice had formed in a hose between a pond near the well site and a tank. While the hose was still pressurized from the compressed air, at least one FBS crew member struck it with a sledgehammer in an attempt to dislodge the ice obstruction. The sledgehammer blows caused the hose to break apart and uncontrollably jump and whip around. The flailing hose struck and injured Devore. After review, the North Dakota Supreme Court concluded the facts, viewed in a light most favorable to Devore, did not support a conclusion that American Eagle, IPT, or Barony owed Devore a duty of care or proximately caused his injuries. Therefore the Court affirmed the summary judgments.