Brian Bennett, Glynn Burr and Erica Daigle a.k..a. "Erica Cavalier" v. Marathon Petroleum Company, LP, MPC Investment LLC, Total Safety U.S., Inc, Onpoint Industrial Services, LLC, Turner Specialty Services, L.L.C., Turner Industries Energy Services, LLC, Turner Industries Group, L.L.C., Ace American Insurance Company, Starr

• Court: Louisiana Court of Appeal
• Decided: January 31, 2025
• Docket: 2025CW0078
• Status: Unknown

Opinion

STATE OF LOUISIANA

BRIAN BENNETT, GLYNN BURR, NO. 2025 CW 0078 AND ERICA DAIGLE A. K. A ERICA CAVALIER"

VERSUS

MARATHON PETROLEUM COMPANY, LP; MPC INVESTMENT LLC; TOTAL SAFETY U. S., INC.; ONPOINT INDUSTRIAL

SERVICES, LLC; TURNER

SPECIALTY SERVICES, L. L. C;

TURNER INDUSTRIES ENERGY SERVICES, LLC; TURNER INDUSTRIES GROUP, L. L. C.; ACE AMERICAN INSURANCE COMPANY; STARR INDEMNITY & JANUARY 31, 2025 LIABILITY COMPANY; AND

ASSOCIATED INDUSTRIES

INSURANCE CO., INC.

In Re: Marathon Petroleum Company LP and MPC Investment, LLC,

applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 716476.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY,' JJ.

STAY DENIED; WRIT GRANTED IN PART AND DENIED IN PART. The

portion of the January 6, 2025 ruling of the district court, which denied the motion summary judgment for filed by defendants, Marathon Petroleum Company, LP and MPC Investment LLC, is reversed in part, only as to plaintiffs' claim for exemplary damages. Plaintiffs' Fifth Amended Petition sets forth no statutory authority for exemplary damages. Punitive or other penalty damages are not allowed unless expressly authorized by statute. Chauvin v. Exxon Mobil Corp., 2014- 0808 ( La. 12/ 9/ 14), 158 So. 3d 761, 768. Therefore, the motion for summary judgment is granted in part, and plaintiffs' claims for exemplary damages against defendants, Marathon Petroleum Company, LP and MPC Investment LLC, are

dismissed. The writ is denied in all other respects.

AEP TPS

CAC

RT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT

i FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.