Arabie v. Citgo Petroleum Corp.

49 So. 3d 985, 10 La.App. 3 Cir. 334, 2010 La. App. LEXIS 1418, 2010 WL 4225886
CourtLouisiana Court of Appeal
DecidedOctober 27, 2010
Docket10-334
StatusPublished
Cited by2 cases

This text of 49 So. 3d 985 (Arabie v. Citgo Petroleum Corp.) 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
Arabie v. Citgo Petroleum Corp., 49 So. 3d 985, 10 La.App. 3 Cir. 334, 2010 La. App. LEXIS 1418, 2010 WL 4225886 (La. Ct. App. 2010).

Opinion

THIBODEAUX, Chief Judge.

11 Fourteen plaintiffs, who were exposed to Citgo Petroleum Corporation’s slop oil and waste water release, assert that the trial court erred in its assessment of damages. We find — because a defendant is liable for all the costs associated with a plaintiff’s surgery if the defendant’s actions accelerated the need for that surgery-that the trial court misapplied the law by awarding only a portion of damages incurred by one of the plaintiffs who has undergone a surgery as a result of his exposure. We also find that the trial court abused its discretion by awarding all of the plaintiffs, except three, the same amount in pain and suffering damages associated with the exposure even though the plaintiffs’ symptoms varied significantly in duration and intensity. Finally, we increase to the lowest point within the trial court’s discretion, the pain and suffering award to five of the plaintiffs whose exposure-related symptoms lasted one year or longer.

I.

ISSUES

In this toxic release case, we shall consider:

(1) whether the trial court erred by awarding three of the plaintiffs, Dennis Bankston, Larry Thomas, and Charles Hardy, only a portion of their damages where the plaintiffs had various pre-existing conditions;
(2) whether the trial court abused its discretion by awarding the same quantum of pain and suffering damages to all of the plaintiffs, except three, where the duration and intensity of the plaintiffs’ symptoms varied significantly; and,
(3) having found an abuse of discretion as to some of the plaintiffs, what was the lowest award within the trial court’s discretion where the plaintiffs’ symptoms included nausea, stomach pain, diarrhea, dizziness, respiratory and sinus problems, sore throat, rash, acne, headaches, eye irritation, sleeping 12difficulties, fatigue, cough, and skin peeling and where these symptoms lasted anywhere from one to twelve months and some were ongoing at the time of the trial.

II.

FACTS

This case arises out of the 2006 oil spill and air release at Citgo’s refinery in Lake *989 Charles. After a trial, the court concluded that the plaintiffs were entitled to various damage awards whose amounts are subjects of this appeal.

The trial court awarded each of the plaintiffs $30,000.00 in punitive damages and $2,500.00 for fear of developing a disease. Three of the plaintiffs — Dennis Bankston, Charles Hardy, and Larry Thomas — received damages associated with the aggravation of their pre-existing conditions in addition to the damages associated with the exposure. 1 The rest of the plaintiffs, except the two who received $4,500.00, received $5,000.00 in pain and suffering damages associated with their exposure. Other damage awards, such as medical expenses and lost wages, varied from plaintiff to plaintiff.

The trial court found that the plaintiffs suffered the following injuries as a result of Citgo’s fault in causing the spill:

(1) Craig Arabie experienced nausea, burning eyes, and dizziness for about two months; he generally felt ill for six months and suffered from diarrhea for one year. He received $5,000.00 for his pain and suffering.

(2) Dennis Bankston experienced nausea for about a month. He also suffered from headaches, sinus problems, and had difficulty breathing while near the | ¡¡spill. The trial court found that Bankston had a pre-existing sinus problem that was aggravated by the exposure which “accelerated the need for what would have been a necessary surgery.” Thus, the trial court divided Bankston’s damages into the ones associated with the exposure and the ones associated with the surgery. The trial court found that Bankston’s damages associated with the surgery were: (a) $17,631.80 in medical expenses; (b) $2,500.00 in lost wages; and, (c) $30,000.00 in general damages. Yet, the trial court awarded only ten percent of these damages, i.e., $5,012.00. In addition, Bankston received $5,000.00 for his pain and suffering associated with the exposure.

(3) Dexter Breaux suffered from shortness of breath and nausea for three to four weeks, headaches for six months, sinus irritation for ten months, and fatigue. He received $5,000.00 for his pain and suffering.

(4) Jimmy Buckelew suffered from a sore throat, headache, and weakness for ten to eleven months. He had nausea and stomach pain until the materials were removed. In its written reasons for judgment, the trial court also stated that “[h]is pre-existing high blood pressure and diabetes were aggravated.” Yet, two sentences later, the trial court wrote: “[t]he court was not satisfied that an aggravation of Mr. Buckelew’s pre-existing conditions occurred.” Buckelew was awarded $5,000.00 in pain and suffering. None of his awards was reduced by a percentage because of the pre-existing conditions.

(5) Joseph Burnett experienced eye irritation, respiratory and sinus problems for four to five months, as well as stomach cramps and nausea for three to four months. The trial court found that he experienced less exposure than his coworkers and awarded him $4,500.00 for his pain and suffering.

14(6) Jason Doucet experienced nausea, diarrhea, sore throat, sinus inflammation, cough, and a rash from his ankle to his *990 knee. Finding that all of his symptoms were resolved after five or six months, the trial court awarded Doucet $5,000.00 for the pain and suffering.

(7) Randall Fontenot experienced a rash, headaches, sleeping difficulties, and problems eating at work for three months. He was awarded $5,000.00 for his pain and suffering.

(8) John Giovanni experienced diarrhea and burning eyes for two to three weeks and sinus problems and headaches for a year. The trial court found that he had a continuing problem with his sense of smell. The court awarded Giovanni $5,000.00 for the pain and suffering.

(9) Charles Hardy experienced headaches, blurred vision, depression, cough, fatigue, and sleeplessness. Some of these symptoms, as well as a rash and a sore throat, have reoccurred and were ongoing at the time of the trial. Hardy was out of work for four to five months because of his depression and eye problems. Because of Hardy’s pre-existing conditions, the trial court reduced his damages associated with the exposure and the aggravation of his pre-existing conditions by seventy-five percent. Even with the reduction, Hardy’s damages exceeded $50,000.00. Plaintiffs designated their causes of action as “non-jury” under La.Code Civ.P. art. 1732, thereby limiting their claims for damages to $50,000.00 per plaintiff. Thus, the trial court reduced Hardy’s damages to $50,000.00.

(10) Scott Levy experienced a rash on his chest and head, nausea, and respiratory problems for one to two months. He had elevated liver enzymes for six months. The trial court found that Levy had less exposure than other plaintiffs | Rbecause of his work schedule and, therefore, awarded him $4,500.00 for the pain and suffering.

(11) Glen Miller suffered from headaches, diarrhea, dizziness, when near the spill, for two to four months.

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Related

Cormier v. CITGO Petroleum Corp.
228 So. 3d 770 (Louisiana Court of Appeal, 2017)
Shawn Cormier v. Citgo Petroleum Corporation
Louisiana Court of Appeal, 2017
Arabie v. CITGO Petroleum Corp.
175 So. 3d 1180 (Louisiana Court of Appeal, 2015)

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Bluebook (online)
49 So. 3d 985, 10 La.App. 3 Cir. 334, 2010 La. App. LEXIS 1418, 2010 WL 4225886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arabie-v-citgo-petroleum-corp-lactapp-2010.