Anthony v. Georgia Gulf Lake Charles, LLC.

146 So. 3d 235, 2014 WL 2118270
CourtLouisiana Court of Appeal
DecidedMay 21, 2014
DocketNos. 13-236, 13-638, 13-778, 13-779, 13-780, 13-781, 13-782, 13-783, 13-784, 13-785, 13-786, 13-787, 13-788
StatusPublished
Cited by3 cases

This text of 146 So. 3d 235 (Anthony v. Georgia Gulf Lake Charles, LLC.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony v. Georgia Gulf Lake Charles, LLC., 146 So. 3d 235, 2014 WL 2118270 (La. Ct. App. 2014).

Opinion

COOKS, Judge.

IsThis matter involves three consolidated appeals from three separate final judgments in related cases, arising from the same accident. The plaintiffs in the three consolidated appeals are persons asserting injuries caused by exposure to smoke and chemicals from an explosion and fire at Defendant’s plant. Defendant has not denied liability for the cause of the explosion and fire, but denies the plaintiffs’ claims of exposure to unsafe levels of hazardous chemicals. Varying amounts of damages were awarded to the plaintiffs. Defendant appeals, alleging the plaintiffs failed to prove exposure to any substance in sufficient quantities to cause any compensable damages and in the alternative that the damages awarded to many of the plaintiffs were excessive.

FACTS AND PROCEDURAL HISTORY

On September 17, 2006, an explosion and fire occurred at Georgia Gulf Lake Charles’ Westlake facility. One of the re-[245]*245suits of the fire was a “catastrophic release” of several hazardous chemicals. Due to the release of the chemicals, Georgia Gulf was forced to call a “shelter in place” for the nearby community.

Numerous suits were filed against Georgia Gulf by persons living or present in the community on the night of the explosion and fire. Georgia Gulf stipulated it was at fault in causing the incident, but reserved its right to contest causation (both general and specific) and the amount of damages due. In the summer of 2011, the first case to proceed to the merits was Tangela, Annette Brown, et al. v. Georgia Gulf Lake Charles, LLC, docket number 2007-5068, and was presided over by Judge Clayton Davis of the Fourteenth Judicial District Court. That case resulted in a favorable ruling for the plaintiffs. This court in Brown v. Georgia Gulf Lake Charles, LLC, 12-635 (La.App. 3 Cir. 12/5/12), 104 So.3d 730 (hereafter referred to as Brown 1), affirmed the lower court judgment and rejected Georgia Gulfs arguments concerning causation and the severity of the plaintiffs’ exposure to the | hazardous chemicals. This court accepted the findings of the trial court on those issues and concluded the trial court’s determination “that the fire and chemical release caused the symptoms suffered by plaintiffs is reasonable.” Id. at 733.

Three additional trials were held in 2012 with similarly situated plaintiffs as in the Brown I case. These cases were as follows: Alnedia Anthony, et al. v. Georgia Gulf Lake Charles, LLC, docket number 2007-5073 (hereafter referred to as Anthony), presided over by Judge David Ritchie; Maurice Paul Billiot, et al. v. Georgia Gulf Lake Charles, LLC, docket number 2007-5082 (hereafter referred to as Billiot), presided over by Judge D. Kent Savoie; and Tangela Annette Brown, et al. v. Georgia Gulf Lake Charles, LLC, docket numbers 2007-5068, 2007-5074, 2007-5078, 2007-5120, 2007-5124, 2007-5189, 2007-5201, 2007-5206, 2007-5213, 2007-5219 and 2007-5264, (hereafter referred to as Brown II), presided over by Judge Clayton Davis.1 As in Brown I, Georgia Gulf stipulated it was at fault in causing the incident but reserved its right to contest the causation issue and the amount of damages due. The plaintiffs presented the testimony of numerous experts, including an industrial hygiene expert, an environmental chemist and toxicologist, an occupational medicine physician and epidemiologist, and several treating physicians. These experts and physicians testified that the plaintiffs were exposed above the levels prescribed by the federal government as safe. The plaintiffs’ experts specifically testified the plaintiffs were exposed to extremely toxic chemicals that were released as a result of the explosion and fire, including hydrochloric acid, ethylene dichloride and vinyl chloride. The plaintiffs’ experts also testified regarding the multiple hazardous health consequences reasonably expected to result from exposure to these chemicals, including cancer. It was also ^established that the “shelter in place” called by Georgia Gulf included the areas where the plaintiffs were located on that evening.

All three judges of the Fourteenth Judicial District Court found plaintiffs met their burden of proving causation and injurious exposure. In all three cases, varying damage awards were made to the individual plaintiffs. Georgia Gulf has appealed all three judgments, and this court, on Geor[246]*246gia Gulfs motion, consolidated the three appeals. Georgia Gulf asserts the following assignments of error:

1. The trial courts erred in finding plaintiffs met their burden of proving causation.
2. The trial courts’ damage awards are excessive.

ANALYSIS

I. Causation.

In its first assignment of error, Georgia Gulf contends the plaintiffs failed to carry their burden of proving causation. This court in Brown I, 104 So.3d at 732-38, was presented with the same arguments on the causation issue and set forth the applicable standard of review:

A cause is a legal cause in fact if it has a proximate relation to the harm which occurs. Butler v. Baber; 529 So.2d 374 (La.1988). “A proximate cause is generally defined as any cause which, in natural and continuous sequence, unbroken by any efficient, intervening cause, produces the result complained of and without which the result would not have occurred.” Sutton v. Duplessis, 584 So.2d 362, 365 (La.App. 4 Cir.1991). If there is more than one cause of injury, “a defendant’s conduct is a cause-in-fact if it is a substantial factor generating plaintiffs harm.” Rando v. Anco Insula-tions, Inc., 08-1163, 08-1169, p. 31 (La.5/22/09), 16 So.3d 1065, 1088. Causation is an issue of fact subject to the manifest error standard of review. Id.

Hutto v. McNeil-PPC, Inc., 11-609, pp. 17-18 (La.App. 3 Cir. 12/7/11), 79 So.3d 1199, 1213, writ denied, 12-402 (La.4/27/12), 86 So.3d 628, cert. denied, — U.S.—, 133 S.Ct. 428, 184 L.Ed.2d 289 (2012).

|fiThe trial court’s factual findings may not be reversed unless there is no reasonable basis for the finding in the record and the finding is manifestly erroneous.

“Factual determinations of the trier of fact may not be reversed absent manifest error or unless they are clearly wrong. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). In order to reverse a trial court’s determination of fact, an appellate court must review the record in its entirety and (1) find that a reasonable factual basis does not exist for the finding, and (2) further determine that the record establishes that the factfinder is clearly wrong or manifestly erroneous. Sto-bart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). The appellate court must be cautious not to reweigh the evidence or to substitute its own factual findings just because it would have decided the case differently. Ambrose v. New Orleans Police Department Ambulance Service, 93-3099, 93-3110, 93-3112, p. 8 (La.7/5/94), 639 So.2d 216, 221.” Pinsonneault v. Merchants & Farmers Bank & Trust Co., 01-2217 p. 11 (La.4/3/02), 816 So.2d 270, 278-279. Green v. K-Mart Corp., 03-2495, pp. 3-4 (La.5/25/04), 874 So.2d 838, 841-42.

Georgia Gulf argues “[tjhere is no proof in this case, testimonial or otherwise, that any particular plaintiff was, in fact,

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146 So. 3d 235, 2014 WL 2118270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-georgia-gulf-lake-charles-llc-lactapp-2014.