Arabie v. CITGO Petroleum Corp.

175 So. 3d 1180, 2015 WL 5834790
CourtLouisiana Court of Appeal
DecidedOctober 7, 2015
DocketNos. 15-324, 15-325
StatusPublished
Cited by5 cases

This text of 175 So. 3d 1180 (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., 175 So. 3d 1180, 2015 WL 5834790 (La. Ct. App. 2015).

Opinions

COOKS, Judge.

_JjThe plaintiffs in these two consolidated appeals are persons asserting injuries caused from a major oil and wastewater spill from Defendant’s refinery. Liability for the cause of the spill is admitted by Defendant, but the amount of damages awarded to the fifteen named plaintiffs in this case is contested on appeal. For the following reasons, we find no abuse of the trial court’s discretion in its awards, and we affirm.

FACTS AND PROCEDURAL HISTORY

The claims in this consolidated appeal arise from an oil hnd wastewater spill that occurred on June 19, 2006, at Defendant, CITGO Petroleum Corporation’s Calcasieu Parish refinery. As a consequence of a severe storm, the stormwater drainage and storage system (including the waste-water treatment facility) at CITGO’s refinery was filled beyond available capacity and overflowed, resulting in a major oil spill. Over 21 million gallons- of waste, including 17 million gallons of contaminated wastewater and 4.2 million gallons of slop oil escaped from the two existing wastewater storage tanks into an area around the tanks which was surrounded by levees or dikes. The oil spill, which was described by experts as “major” and “catastrophic,” eventually contaminated over 100 miles of shoreline along the Calcasieu River and required several months to clean up.

A previous trial on the oil and wastewa-ter spill was held with a different set of plaintiffs, who were . employed by Ron Williams Construction, and working at the Calcasieu Refinery. The current plaintiffs in these consolidated appeals also were employees of Ron Williams Construction and worked at CITGO’s Calcasieu Refinery. The trial with the first set of plaintiffs resulted in varying damage awards to the named plaintiffs, which amounts were the subject of an appeal to this court in Arabie v. CITGO Petroleum Corp., 10-244 (La.App. 3 Cir. 10/27/10), 49 So.3d 529. This court affirmed the district court’s rul[1182]*1182ing that plaintiffs had proved |atheir injuries were caused by CITGO’s previously admitted negligence in allowing the spill. The Supreme Court granted review to determine whether the courts below erred as to the allocation of fault, in awarding damages for fear of future injury and in awarding punitive damages. Pertinent to this appeal, the supreme court held plaintiffs proved their damages were caused by the exposure to toxic chemicals contained in the oil spill and plaintiffs were entitled to damages for fear of contracting cancer. Arable v. CITGO Petroleum Corp., 10-2605 (La.3/13/12), 89 So.3d 307. (For ease of reference, we will refer to the prior case as Arable 1.) The supreme court reversed the trial court’s award of $30,000.00 in punitive damages to each plaintiff.

The trial court in this case noted exposure was already established by this court’s and the supreme court’s finding in Arable 1. CITGO also did not dispute that Plaintiffs suffered irritant symptoms from working around the area where the spill occurred while the oil was still present. Thus, the issues determined at trial were: (1) whether CITGO’s actions were the proximate cause of each plaintiffs injuries, and (2) the extent of each plaintiffs damages, if any.

The trial court found, taking the evidence as a whole, Plaintiffs established that more probably than not, the admitted negligence of CITGO in allowing the spill was a cause-in-fact of their various injuries. In assessing damages, the trial court noted despite complaints to management, the Plaintiffs were reassured there was no risk and advised the slop oil was not dangerous. The trial court found this assurance from CITGO encouraged the plaintiffs to not seek initial medical evaluations for the first few months and exacerbated the symptoms they endured. The following damage awards were rendered by the trial court:

Randall Biddy

Medical Expenses $ 857.00

General Damages--Pain and Suffering $20,500.00

General Damages--Fear of Developing Disease $10,000.00

General Damages--Loss of Enjoyment of Life $ 5,000.00

JsTOTAL $36,357.00

Tony Buckelew

Medical Expenses $ 502.00

General Damages--Pain and Suffering $14,000.00

TOTAL $29,502.00

Allen Fontenot

Medical Expenses $ 2,402.00

General Damages — Pain and Suffering $20,500.00

General Damages — Fear of Developing Disease $15,000.00

General Damages — Loss of Enjoyment of Life $ 5,000.00

TOTAL $42,902.00

Christopher Gass

[1183]*1183Medical Expenses $ 660.00

General Damages — Pain and Suffering $10,260.00

General Damages — Fear of Developing Disease $10,000.00

General Damages — Loss of Enjoyment of Life $ 6,000.00

TOTAL $26,910.00

Michael Greer

Medical Expenses $ 1,027.00

General Damages — Pain and Suffering $17,000.00

TOTAL $33,027.00

Joshua Holland

Medical Expenses $ 1,450.00

General Damages — Pain and Suffering $13,000.00

TOTAL $34,450.00

Yates LeBlanc

Medical Expenses $ 660.00

General Damages — Pain and Suffering $10,000.00

TOTAL $10,660.00

Dale Louvierre

Medical Expenses $ 810.00

General Damages — Pain and Suffering $17,500.00

TOTAL $38,310.00

Dustin Miller

Medical Expenses $ 930.00

General Damages — Pain and Suffering $18,000.00

LGeneral Damages — Loss of Enjoyment of Life $ 5,000.00

TOTAL $33,930.00

Morgan Olivier

Medical Expenses $ 3,513.04

TOTAL $39,013.04

[1184]*1184Darren Romero

Medical Expenses $ 1,645.94

General Damages — Pain and Suffering $16,000.00

TOTAL $32,645.94

Willard Romero

General Damages — Pain and Suffering $15,500.00

TOTAL $31,160.00

Joshua Singer

Medical Expenses $ 610.00

General Damages — Loss of Enjoyment of Life $ 2,500.00

TOTAL $26,110.00

Dustin Smith

Medical Expenses $ 671.00

General Damages — Pain and Suffering $16,500.00

TOTAL $32,171.00

Larry Stewart

Medical Expenses $ 2,027.22

General Damages — Pain and Suffering $30,000.00

TOTAL $47,027.22

All court costs were assessed to CITGO. A final judgment was signed on October 9, 2014. CITGO appealed the judgment solely on the grounds that the damages awarded were excessive and a stark departure from the awards handed out in Arable 1. CITGO assigned the following assignments of error:

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175 So. 3d 1180, 2015 WL 5834790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arabie-v-citgo-petroleum-corp-lactapp-2015.