Oatis v. Catalytic, Inc.

433 So. 2d 328
CourtLouisiana Court of Appeal
DecidedMay 25, 1983
Docket82-775
StatusPublished
Cited by19 cases

This text of 433 So. 2d 328 (Oatis v. Catalytic, Inc.) 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
Oatis v. Catalytic, Inc., 433 So. 2d 328 (La. Ct. App. 1983).

Opinion

433 So.2d 328 (1983)

Melvin N. OATIS, Plaintiff-Appellant,
v.
CATALYTIC, INC., Olin Corporation, et al., Defendants-Appellees.

No. 82-775.

Court of Appeal of Louisiana, Third Circuit.

May 25, 1983.
Rehearings Denied July 14, 1983.

*329 Baggett, McCall, Singleton, Ranier & Ieyoub, P.C., Drew Ranier, Lake Charles, for plaintiff-appellant-appellee.

Jones, Tete, Nolen, Hanchey, Swift & Spears, William B. Swift, Lake Charles, for defendant-appellee-appellant.

*330 Woodley, Barnett, Cox, Williams & Fenet, James Williams, Lake Charles, for defendants-appellees.

Before DOMENGEAUX, FORET and CUTRER, JJ.

CUTRER, Judge.

Melvin N. Oatis was seriously injured when he inhaled toxic phosgene vapors while working at a chemical plant in Calcasieu Parish, Louisiana, owned by Olin Corporation.[1] Oatis sued Catalytic, Inc., the designer of the plant, urging two separate bases for recovery under Civil Code art. 2315; i.e., ordinary negligence and the strict liability of a manufacturer of a product. A jury found in favor of Catalytic, Inc., and a judgment was rendered dismissing Oatis' principal demand and the intervention of Olin Corporation. Oatis and Olin Corporation appealed. We affirm.

In the early 1970's, Catalytic, Inc. (Catalytic) was hired by Olin Corporation (Olin) to design, engineer and supervise the construction of a toluene di-isocyanate (TDI) plant. Olin already owned a TDI plant located in Ashtabula, Ohio. Catalytic, with input from Olin, was to improve and enlarge the basic design successfully used at Ashtabula. The Lake Charles TDI unit was constructed between 1970 and 1972; the plant began production in late 1972 or early 1973.

One of the raw materials used in the TDI production process is phosgene. Phosgene is a very toxic chemical; experts at trial indicated that phosgene could be lethal to humans when inhaled in concentrations as low as four or five parts per million.

Melvin Oatis was employed by Olin in 1979. On March 24, 1980, while working as an instrument maintenance man, Oatis inhaled a quantity of phosgene and ultimately became permanently and totally disabled. Oatis' injuries included paralysis and an almost total loss of communication skills (both speech and writing).

As of the date of trial Olin had paid over $71,000.00 in medical expenses for Oatis and was paying him $149.00 per week in workers' compensation benefits. Olin has continued to pay compensation benefits since the trial. This was the basis for Olin's intervention.

At trial Oatis argued that Catalytic negligently designed Olin's TDI plant and that this negligence caused his injuries.

The jury heard testimony from Olin employees who were at the scene when Oatis was exposed to the phosgene. Also, both sides presented expert testimony and there was a conflict as to whether the TDI unit was defective. The following interrogatories were submitted to the jury and answered as indicated:

"1.

"Was Melvin N. Oatis injured as a result of a defective design of equipment by Catalytic at Olin Corporation on March 24, 1980?"
Jury response to Interrogatory Number 1: "No"

"2.

"Was the injury of Melvin N. Oatis caused by his own fault, that is, assumed the risk?"
Jury response to Interrogatory Number 2: "Yes"

"3.

"Was the injury to Melvin N. Oatis caused by the fault of a third party?"
Jury response to Interrogatory Number 3: "No"

"4.

"Was (sic) Melvin N. Oatis' injuries caused by negligence of Catalytic, Inc.?"
*331 Jury response to Interrogatory Number 4: "No"

"5.

"Was Melvin N. Oatis contributorily negligent?"
Jury response to Interrogatory Number 5: "Yes"

"6.

"What were the damages, if any, sustained by Melvin N. Oatis as a result of the occurrence of March 24, 1980?"
Jury response to Interrogatory Number 6: "-0-"

Pursuant to these answers the trial court granted judgment in favor of Catalytic dismissing Oatis' demands with prejudice at his cost. Olin's intervention was likewise dismissed. Oatis and Olin moved for a new trial and, after a hearing, these motions were denied. Oatis and Olin appealed. We affirm.

On appeal it is urged that the jury's answers to the interrogatories were inconsistent and that a new trial should be granted. Oatis also contends that the answers to the interrogatories are contrary to the law and evidence and that the trial court erred in two instances in its charge to the jury. Oatis' arguments will be considered in the order presented above.

INCONSISTENT VERDICTS

Oatis argues that the jury was confused and misunderstood the jury charge as evidenced by their answers to the interrogatories. This argument is without merit.

We find that the jury's answers to the special interrogatories submitted in this case are not inconsistent with each other nor with the judgment of the trial court. Each answer of the jury supports the judgment in favor of Catalytic. While it may have been superfluous for the jury to decide that Oatis "assumed the risk" after deciding his injuries were not caused by any defect, these answers are not inconsistent. Similarly, the determination of Oatis' own negligence became extraneous once the jury determined that Catalytic was not negligent. Though extraneous, the jury's answer is not inconsistent.

This court considered a similar contention of inconsistency in Ainsworth v. Bituminous Cas. Corp., 379 So.2d 1187 (La.App. 3rd Cir.1980), writs den., 391 So.2d 1233, 1234 (La.1980). There, the jury initially determined the defendant was not negligent. Next, the jury found that the plaintiff was negligent and further that defendant did not have the last clear chance to avoid the accident. Plaintiff argued on appeal that the jury's answer to the last clear chance question was evidence of their confusion in light of the jury charge which instructed them that last clear chance need only be considered if both parties were found negligent. In resolving this argument, this court said:

"[C]ertainly, it was superfluous for the jury to consider the question of whether the defendant, Nichols, had the last clear chance to avoid the accident after it had answered the first interrogatory directed to them to the effect that Nichols was not negligent. However, the two answers are consistent. Hence, no confusion is apparent on the fact of the answers to the interrogatories. The superfluous action of the jury could have been avoided if the interrogatories had been propounded with instructions not to proceed to answer any further interrogatories if the jury found the defendant not to have been guilty of negligence which was a cause of the accident. The failure to do so we consider of no moment and to be harmless error...."

Ainsworth v. Bituminous Cas. Corp., supra, at 1190.

The above quotation is applicable to the instant case. The answers of the jury, to the special interrogatories submitted, are not inconsistent and are in accord with the judgment of the trial court.

VERDICTS CONTRARY TO LAW AND EVIDENCE

Oatis argues on appeal that the jury's answers to the interrogatories are *332

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