Opinion

Howard v. Union Carbide Corp.

  • 8 La.App. 5 Cir. 750
  • 21 So. 3d 1084
  • 2009 La. App. LEXIS 1826
  • 2009 WL 3447451
Court
Louisiana Court of Appeal
Filed
Oct 27, 2009
Status
Published
Author
Dufresne
On the bench
Fredericka Homberg Wicker
Cited by
3 cases

The opinion

DUFRESNE, C.J.,

concurring in part and dissenting in part.

hi concur with the majority opinion vacating the damage awards to Debra Brown and Rogest Gross.

However, I dissent from the amount of damages awarded to the various groups of plaintiffs and would reduce those damages as follows:

*1094 Occidental Plant Employees from $3,500 to $500 each;

Killona Residents from $1,500 to $100 each;

Montz Residents from $2,000 to $150 each; and

Entergy Plant Employees from $2,500 to $250 each.

Although the trier of fact has vast discretion in fixing damages, the award as affirmed by the majority are excessive considering that none of the plaintiffs ever sought medical treatment, none missed any work because of their symptoms, and none complained of any continuing problems due to their exposure to the chemical.

Considering all of the evidence of record I respectfully concur in part and dissent in part.

McMANUS, J., concurs in part and dissents in part for the reasons assigned by DUFRESNE, C.J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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