An appeals court has upheld a judge’s decision to throw out a wrongful death lawsuit filed by the family of a South Dakota man who was killed in an accident in the North Dakota oil patch five years ago.
Joseph Kronberg, 52, of Bison, S.D., was electrocuted in May 2011 when he stepped onto a metal grate that had come in contact with a punctured electrical cord and puddle of water. The accident happened outside a “change shack” for the Nabors Drilling oil rig.
The complaint by Kronberg’s survivors accused Oasis Petroleum, RPM Consulting and others of negligence. Oasis obtained property rights for the well and RPM Consulting provided Oasis with engineering support and subcontractors to oversee drilling.
U.S. District Judge Daniel Hovland of North Dakota ruled in Feburary 2015 that Oasis Petroleum and RPM Consulting were not liable under North Dakota law. The family filed an appeal in March 2015.
The 8th U.S. Circuit Court of Appeals on Aug. 5 ruled there’s no evidence the companies had control over the property. The panel said the metal grate and generator that powered the cord was owned by Nabors Drilling, not Oasis.
Nabors Drilling was fined for violating Occupational Safety and Health Administration regulations in connection with Kronberg’s death.
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