Plaintiffs Lenny and Tracy Chapman filed a lawsuit against Hiland Partners GP Holdings LLC, et al. who owned and operated a natural gas plant in North Dakota. Missouri Basin offers trucking services to gas companies in North Dakota. Hiland entered into a Master Service Contract (Hiland MSC) with Missouri Basin in 2008 whereby Missouri Basin, as “Contractor,” agreed to perform various services for Hiland.
As part of the agreement, Missouri Basin agreed to “indemnify, defend and save harmless Hiland Group . . . from and against any and all claims, demands, judgments, defense costs, or suits . . . in any way, directly or indirectly, arising out of or related to the performance of this Contract.” The Hiland MSC also included an Oklahoma choice-of-law provision.
On Oct. 18, 2011, Hiland requested Missouri Basin to remove water from condensation tanks at the Watford plant. Missouri Basin contacted B&B Heavy Haul LLC who sent the plaintiff Lenny Chapman to the gas plant. Chapman arrived shortly after midnight. He and an employee of Hiland began connecting the tank to the B&B truck that Chapman was driving. An explosion occurred and Chapman was seriously injured.