Daryl Crane Pamela Crane v. Conoco, Inc., a Corporation, and Nunnallee-Cantwell, Inc., a Foreign Corporation

OVERVIEW

The Cranes appeal the district court’s grant of summary judgment in favor of Co-noco, Inc., on all claims relating to injuries Daryl Crane sustained while working for an independent contractor at Conoco’s oil refinery. We affirm the district court.

FACTS AND HISTORY OF PROCEEDINGS

On September 10,1988, Plaintiff-Appellant Daryl Crane (“Crane”), an employee of Scaffold Rental and Erection (“SRE”), was injured in the course of making repairs at the Conoco Refinery in Billings, Montana, pursuant to a contract between Conoco and SRE. In order to survey the work site and compose a list of working materials required to repair a fire-damaged condensate unit, Crane had climbed onto a pipe rack, a permanent fixture of the refinery consisting of lines of pipe joining pieces of equipment. While standing on the pipe rack, about 16-20 feet off the ground, Crane noticed workers suddenly throwing down their tools, running, and yelling, “Get out! Get out!” Panicking, he tried to reach the ground by lowering himself onto a heat exchanger located below the pipe rack, fell, and suffered a herniated disc.

Later in the day, after the workers had resumed their duties, and Crane had…