Brown v. Georgia Gulf Lake Charles, LLC

104 So. 3d 730, 2012 La.App. 3 Cir. 635, 2012 WL 6028895, 2012 La. App. LEXIS 1560
CourtLouisiana Court of Appeal
DecidedDecember 5, 2012
DocketNo. 12-635
StatusPublished
Cited by2 cases

This text of 104 So. 3d 730 (Brown 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
Brown v. Georgia Gulf Lake Charles, LLC, 104 So. 3d 730, 2012 La.App. 3 Cir. 635, 2012 WL 6028895, 2012 La. App. LEXIS 1560 (La. Ct. App. 2012).

Opinion

PAINTER, Judge.

|! Defendant, Georgia Gulf Lake Charles, LLC (GGLC) appeals the judgment of the trial court finding that Defendant was liable for Plaintiffs’ chemical exposures, that the exposures were sufficient to cause Plaintiffs’ symptoms, and awarding damages. For the following reasons, we affirm the judgment of the trial court.

FACTS

On September 17, 2006, an explosion and fire occurred at GGLC’s Westlake facility, as a result of which hazardous chemicals were released. Plaintiffs, Patrick Mouton, Norma Miles, John Miller, Donald and Dora Pryor, Ashley Fuselier, Casey Budge, Kimberly Lambert, and Cecelia Collins, filed suit against GGLC alleging injuries resulting from the chemical exposure. GGLC stipulated to fault for the chemical release, and the trial was limited to the questions of whether the release caused Plaintiffs’ symptoms and the appropriate amount of damages. The trial court found Defendant liable for Plaintiffs’ injuries and awarded special and general damages. Defendants appeal the trial court’s ruling with regard to causation and its decision to exclude the testimony of one of its expert witnesses. Plaintiffs answered the appeal asking for additional damages but dismissed their answer.

DISCUSSION

Exclusion of Expert Testimony

We first consider Defendant’s assertion that the trial court erred in excluding the testimony of its expert witness, Dr. Scott Phillips.

During traversal of Dr. Phillips’s qualifications by counsel for Plaintiffs, Dr. Phillips read from his report with regard to what he was asked to do concerning the case, as follows:

12I’ve been asked if on a scientific basis from the information provided thus far it can be stated to a reasonable degree of medical and scientific certainty that the alleged exposure to vinyl chloride, ethylene dichloride, hydrogen chloride, ethylene, hydrogen sulfide, and other chemicals from the Gulf — Georgia Gulf Lake Charles Facility’s fire caused or contributed to the alleged injuries.

Based on this statement in Dr. Phillips’ report, counsel for Plaintiffs objected to the acceptance of Dr. Phillips as an expert and to his testimony as such. Although counsel for Defendant argued that this could be addressed on cross examination or that Dr. Phillips could be ques[732]*732tioned with regard to what his opinion was based on the proper standard, it is important to note that the objection was not to the factual basis of Dr. Phillips’ opinion, which could be addressed on cross-examination. Cox v. Shelter Ins. Co., 09-958 (La.App. 3 Cir. 4/7/10), 34 So.3d 398, writ denied, 10-1041 (La.9/17/10), 45 So.3d 1044. Nor is it an objection to the scientific basis or reliability of the opinion, which would be appropriately addressed in a Dauberb motion. Rather, Plaintiffs assert that because Dr. Phillips used an inappropriate standard in reaching his conclusion, i.e. scientific certainty, his opinions were irrelevant to the case before the court. The trial court sustained the objection, stating that it did not feel that the expert could change the standard used “on the fly.” The trial court further stated that, contrary to the argument by counsel for Defendant, this is not simply a matter of semantics such that substituting the word probability for certainty would effect no change in the outcome. “[I]f I decided this case on reasonable degree of medical and scientific certainty, that would change the result.” The trial court excluded the testimony, stating that: “[Dr. Phillips has] prepared an extensive report, he’s done a lot of work, but he’s based it on a standard that’s not relevant to the case.”

The starting point for analyzing the trial court’s actions is La.Code Evid. art. 702 which states:

| aIf scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Comment (d) to Article 702 states that the trial judge should have broad discretion in determining whether expert testimony should be admissible and who should be permitted to testify as an expert. Moreover, well-established case law supports the trial court's great discretion in determining who should be allowed to testify as an expert, and the trial court’s decision should not be reversed on appeal absent clear error. Cleland v. City of Lake Charles, 01-1463, 02-805 (La.App. 3 Cir. 3/5/03), 840 So.2d 686, writs denied, 03-1380, 03-1385 (La.9/19/03), 853 So.2d 644, 645; Mistich v. Volkswagon [Volkswagen ] of Germany, Inc., 95-939 (La.1/29/96), 666 So.2d 1073, on rehearing on other grounds, 95-939 (La.11/25/96), 682 So.2d 239; Massie v. Cenac Towing Co., Inc., 00-1596 (La.App. 3 Cir. 4/25/01), 796 So.2d 14, writ denied, 01-1511 (La.8/31/01), 795 So.2d 1213.

Taylor v. Progressive Sec. Ins. Co., 09-791, p. 5 (La.App. 3 Cir. 4/7/10), 33 So.3d 1081, writ denied, 10-1024 (La.9/17/10), 45 So.3d 1044.

Our review convinces us that the trial court did not abuse its discretion in excluding the testimony of Dr. Phillips based on relevancy.

Causation

Defendant asserts that the trial court erred in finding that Plaintiffs demonstrated a causal link between the chemical release and their injuries.

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, [733]*733“a defendant’s conduct is a cause-in-fact if it is a substantial factor generating plaintiffs harm.” Rando v. Anco Insulations, 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-A02 (La.4/27/12), 86 So.3d 628, cert. denied, — U.S.-, 133 S.Ct. 428, 184 L.Ed.2d 289 (2012).

The 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. Stobart 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,

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104 So. 3d 730, 2012 La.App. 3 Cir. 635, 2012 WL 6028895, 2012 La. App. LEXIS 1560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-georgia-gulf-lake-charles-llc-lactapp-2012.