Case: 13-30598 Document: 00512493078 Page: 1 Date Filed: 01/08/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-30598 January 8, 2014
Summary Calendar
Lyle W. Cayce
Clerk
CLARENCE HILL,
Plaintiff−Appellant,
versus
CHEVRON USA, INCORPORATED; SHELL OIL COMPANY,
Defendants−Appellees.
Appeal from the United States District Court
for the Eastern District of Louisiana
No. 2:11-CV-2786
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Plaintiff describes the instant case as follows:
Clarence Hill filed this suit because while he was employed by
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-30598 Document: 00512493078 Page: 2 Date Filed: 01/08/2014
No. 13-30598
an oilfield pipe handling facility . . ., he inhaled radioactive dust
that generated from the cleaning by mechanical means and the
sandblasting of the pipes. The District Court dismissed his claim
and granted defendants’ summary judgment motion because the
court believed there was no genuine issue of material fact since
Hill had failed to provide enough evidence to establish his exposure
to radiation. The court found that Hill could not establish for cer-
tain that [Naturally Occurring Radioactive Material (“NORM”)]
radiation existed at the . . . pipe yard during his time of
employment.
The district court granted summary judgment for the defendants with a careful
and thorough Order and Reasons. The court’s reasoning can be summarized
in the following excerpt:
[I]t is undisputed that new pipe does not have scale, and not all
used pipe has scale. Further, not all used pipe with scale contains
NORM. In order to prove his exposure, then, Hill must show that
he handled a specific category of defendants’ pipes, namely, used
pipes with scale containing NORM. Hill offers no direct evidence
that he was exposed to defendants’ pipes with scale containing
NORM. Hill’s [circumstantial] evidence requires an impermissible
chain of speculation to find that he was exposed to radiation in
defendants’ pipes.
(Footnote and paragraph breaks omitted.)
We have examined the briefs and applicable law and pertinent parts of
the record. There is no error, and the summary judgment is AFFIRMED.
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