151617P.pdf   08/05/2016  Margo Kronberg  v.  Oasis Petroleum North America
   U.S. Court of Appeals Case No:  15-1617
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Colloton, Author, with Smith, Circuit Judge, and Gritzner, 
   District Judge] 
   Civil Case - diversity. Adverse summary judgment is affirmed in wrongful 
   death action against Oasis Petroleum and RPM Consulting by widow of 
   employee of Nabors Drilling, a contractor, who was electrocuted on 
   drilling site. Bader, the company hand, was an independent contractor as a 
   matter of law and Oasis and RPM Consulting could not be vicariously liable 
   for any alleged negligence by Bader. Evidence does not support a finding 
   that Oasis retained control to support liability under doctrine of 
   retained control and subcontractor agreement with RPM unambiguously gave 
   Bader right to control method and manner of work. Oasis owed no duty of 
   care under North Dakota premises liability law. North Dakota does not 
   require a company to provide a defibrillator at the well and court will 
   not predict that North Dakota would impose a common law duty.