# Howard v. Union Carbide Corp.

> Louisiana Court of Appeal · October 27, 2009 · 8 La.App. 5 Cir. 750

URL: https://www.frixlaw.com/law-library/cases/9658794

## Case

- **Full name:** Donna HOWARD, Individually and on Behalf of Her Two Minor Children, Chad Howard and Kendra Howard, Clarence Johnson, Joyce Johnson, Orville Johnson and Helen Johnson. v. UNION CARBIDE CORPORATION
- **Court:** Louisiana Court of Appeal
- **Decided:** October 27, 2009
- **Citations:** 8 La.App. 5 Cir. 750; 21 So. 3d 1084; 2009 La. App. LEXIS 1826; 2009 WL 3447451
- **Precedential status:** Published
- **Opinion:** Concurring in part by Dufresne
- **Judges:** Fredericka Homberg Wicker
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9658794

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9658794. Public record. Not legal advice.