Jeffery v. Thibaut Oil Co.

652 So. 2d 1021, 1995 WL 80288
CourtLouisiana Court of Appeal
DecidedMarch 1, 1995
Docket94-CA-851
StatusPublished
Cited by2 cases

This text of 652 So. 2d 1021 (Jeffery v. Thibaut Oil Co.) 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
Jeffery v. Thibaut Oil Co., 652 So. 2d 1021, 1995 WL 80288 (La. Ct. App. 1995).

Opinion

652 So.2d 1021 (1995)

Dwayne JEFFERY
v.
THIBAUT OIL COMPANY and Ranger Insurance Company.

No. 94-CA-851.

Court of Appeal of Louisiana, Fifth Circuit.

March 1, 1995.
Writ Denied May 5, 1995.

*1022 J. Rene Williams, Henderson, Hanemann & Morris, Houma, for appellants Thibaut Oil Co. and Ranger Ins. Co.

Daniel E. Becnel, Jr., Becnel, Landry & Becnel, Reserve, for appellee Dwayne Jeffery.

Before KLIEBERT, C.J., and GAUDIN and CANNELLA, JJ.

CANNELLA, Judge.

Defendants, Thibaut Oil Company and Ranger Insurance Company, appeal from the award of damages in a case involving toxic exposure to gasoline. We affirm.

On December 23, 1992, plaintiff, Dwayne Jeffery, stopped at a service station while driving to work at a supermarket near his home. Plaintiff, a college student at the University of New Orleans, lived in Vacherie, Louisiana. He began pumping gasoline from a hose which ran overhead. While he pumped, the hose broke, spewing gasoline around. When plaintiff looked up at the hoseline, the gas went into his eyes. His clothes and exposed skin were also drenched.

At first, plaintiff ran from the gushing gas. But, concerned that his car would catch fire, he ran back to the passenger side and pushed his car out of the way. There was no water available at the station, so after reporting the incident to the station manager, he left to go home, which was some distance from the station. It was 25-40 minutes before plaintiff was able with water to remove the gas from his skin and eyes. He then went to his job as a receiving clerk.

Following plaintiff's exposure to the gas, he experienced burning and irritation of his eyes and skin. He left work early because his eyes were bothering him. The next day was Christmas, so he waited until the following day to go to the emergency room of Thibodeaux General Hospital. At that time, he was experiencing discharge, irritation and burning in his eyes. There, he was examined and diagnosed with chemical conjunctivitis of the eyes and was given a prescription for eye drops.

Plaintiff continued to experience discomfort and difficulty with his vision. As a result, he was treated by Dr. Quinton Falgoust on one occasion and then by Dr. W. Lee Terrell, an ophthalmologist. Both doctors diagnosed his condition as chemical conjunctivitis and prescribed eye drops and artificial tears. Because of the contraindications of the prescription drops to a family history of high blood pressure, plaintiff was not able to use the prescription drops. Plaintiff also began to experience headaches and emotional difficulties. He was referred to a neurologist for his headaches. Dr. Maria Palmer examined him and determined that the strain of trying to focus his eyes due to the blurred vision and irritation from the conjunctivitis was causing the headaches.

Dr. Chester Scrignar, a psychiatrist, first saw plaintiff in March 1993 for a variety of symptoms. Dr. Scrignar diagnosed plaintiff with post-traumatic stress disorder (PTSD), caused by the gasoline exposure. At the time of trial, plaintiff was still being treated by Dr. Scrignar.

On March 24, 1993, plaintiff filed suit against defendants. A jury trial was held on April 26, 1994. The jury found in favor of *1023 plaintiff and awarded him a total of $600,000. The judgment was itemized as follows:

Past medical expenses.........................$  3,000
Future medical expenses.......................$ 65,000
Past lost wages...............................$  1,300
Future lost wages and lost earning capacity...$200,000
Past and future physical pain and suffering,
     emotional and psychological
damage........................................$330,700
       TOTAL..................................$600,000

The trial judge rendered a judgment on May 6, 1994 and amended it on July 25, 1994 to conform with the jury verdict.[1] Defendants filed a Motion For New Trial Or Alternatively For Judgment Notwithstanding the Verdict which was heard and judgment was read and rendered on July 25, 1994 denying the motions. Said judgment was signed on July 29, 1994.

On appeal, defendants assert that there is no evidence to support an award for future medical expenses or impairment of future earnings. Defendants next assert that the general damage award is excessive. Finally, they contend that the trial judge erred in denying the Motion For New Trial Or Alternatively For Judgment Notwithstanding The Verdict.

The evidence of injury in this case came through the testimony of a Ph.D. and three physicians. Dr. Schrager, is a board certified toxicologist, has done consulting work for the Environmental Protection Agency, the Food and Drug Administration and the World Health Organization, among others, on the health effects of chemicals, including cancer-causing agents. He is not a medical doctor, but there are no medical specialties in toxicology. He stated that his specialty is to determine the effects of chemicals on tissue. He is a teacher, consultant and researcher. He stated that gasoline contains a substance which is a fat extractor. When placed in the eye, that substance extracts the fat from the cells of the conjunctive membranes and destroys them. He testified that the injury cannot regenerate and is permanent. He noted that gasoline also contains anti-corrosives, detergents and other chemicals which are irritating to the eye. He stated that rinsing the eye with water only spreads the gasoline, since it does not mix with water. Also, Dr. Schrager stated that the gasoline can also permanently damage the tear ducts, which is likely if there is no improvement to the duct function within six months. Further, he testified that, as a result of plaintiff's exposure to these toxic chemicals, he will contract some type of toxic substance related illness in the future and has a high probability of developing increased reactivity to petrochemicals and related compounds, many of which are found in everyday life (such as perfumes, ink, printing material). He stated that plaintiff has cause to be concerned about these future effects because this sensitivity will dictate where he can work and live and because of the organ damage potential. Dr. Schrager explained that gasoline is absorbed into the skin and enters the bloodstream where it is carried to the internal organs and the brain. He testified that the longer the exposure, the more damage will be caused. He stated that studies show that exposure to gasoline subjects the person to potential liver damage, spleen damage, subtle changes to the central nervous system which do not become apparent for some time, immune system problems and neuropathies (damage to the neurons especially in the extremities). While he could not say which or how many of these conditions plaintiff will likely develop, he was convinced that plaintiff will develop one or more of these because of the length of the gasoline exposure to large areas of his body. Dr. Schrager also noted that the gasoline exposure creates a greater risk of cancer since Benzene is one of its components and has been linked to leukemia. He also stated that the liver problems would manifest with digestive problems, such as diarrhea and nausea, loss of appetite and low energy level.

Dr. Terrel, an ophthalmologist, treated plaintiff on eight occasions. He diagnosed plaintiff as suffering permanent damage to the eye, known as "dry eye syndrome". The condition creates irritability of the eye and photo-sensitivity. Dr. Terrel testified that plaintiff's condition is mild and occurs naturally to all people as they grow older. *1024

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Related

Ranger Insurance v. Shop Rite, Inc.
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Bluebook (online)
652 So. 2d 1021, 1995 WL 80288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffery-v-thibaut-oil-co-lactapp-1995.