Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2018 CA 0842

FLORIDA GAS TRANSMISSION COMPANY, LLC

VERSUS R

TEXAS BRINE COMPANY, LLC, ET AL.

Judgment Rendered: AUG 0 ' 2019

On Appeal from The 23rd Judicial District Court, Parish of Assumption, State of Louisiana Trial Court No. 34316 The Honorable Thomas J. Kliebert Jr., Judge Presiding

Leopold Z. Sher Attorneys for Appellant/Defendant, James M. Garner Third -Party Plaintiff, Peter L. Hilbert Jr. Texas Brine Company, LLC Jeffrey D. Kessler New Orleans, Louisiana

Robert Ryland Percy III Gonzales, Louisiana

Eric J. Mayer Houston, Texas

Travis J. Turner Gonzales, Louisiana

Matthew J. Randazzo III Attorneys for Appellee/ Third-Party Christopher B. Bailey Defendant, Will Montz Browning Oil Company, Inc. Lafayette, Louisiana

BEFORE: GUIDRY, McDONALD, AND CRAIN, JJ. CRAIN, J.

Texas Brine Company, LLC, appeals a judgment dismissing its claims

against Browning Oil Company, Inc., pursuant to a motion for involuntary

dismissal. We affirm.

This is one of several lawsuits arising out of a sinkhole in Assumption

Parish that developed on or about August 3, 2012, following the collapse of a salt

mine cavern. Florida Gas Transmission Company sued Texas Brine, among other

defendants, alleging Texas Brine' s salt mining operations caused the collapse of

the cavern and the resulting sinkhole, which damaged two of Florida Gas' s nearby

pipelines. Texas Brine filed an incidental demand against Browning Oil, which

from 1991 to 2001 operated a nearby oil and gas well, sometimes referred to as the

AH1 well."

The litigation proceeded to a " Phase 1: Liability" trial that was limited to the

following issues: ( 1) the duties owed by the non -insurer parties, ( 2) whether any

non -insurer parties breached the duty or duties owed, and ( 3) if one or more non -

insurer parties breached a duty or duties, whether the actions or inactions of that

party caused any legally cognizable damages to any claimant. After Texas Brine

rested its case, Browning Oil moved for an involuntary dismissal of Texas Brine' s

claims against it, arguing the evidence failed to establish any fault by Browning

Oil that caused the sinkhole. As summarized by Browning Oil' s counsel, " There' s

no factual evidence that Browning Oil Company in sitting there producing that

well for ten years ... damaged the salt, did any damage to anything, and when they

walked away, the cavern was fine." The trial court agreed and granted the motion,

signing a judgment on October 31, 2017, dismissing Texas Brine' s claims against

Browning Oil. Texas Brine appeals.

The arguments presented by Texas Brine were addressed in a related appeal

decided by this circuit, Pontchartrain Natural Gas System v. Texas Brine

2 Company, LLC, 18- 0631, 2019VWL2865136 ( La. App. 1 Cir. 7/ 3/ 19), So. 3d

which affirmed a similar judgment granting the same motion for involuntary

dismissal. For the reasons provided in Pontchartrain Natural Gas System, we

affirm the October 31, 2017 judgment.' This memorandum opinion is issued in

accordance with Uniform Rules— Courts of Appeal, Rule 2- 16. 1B. All costs of

this appeal are assessed to Texas Brine.

AFFIRMED.

Texas Brine also seeks review herein of a partial summary judgment signed on August 23, 2017, dismissing Texas Brine' s claims against Browning Oil under Louisiana law in effect before 1996. For the reasons provided in Pontchartrain Natural Gas System, we find no error in the partial summary judgment.