Prince v. Conoco, Inc.

529 So. 2d 39, 1988 La. App. LEXIS 1454, 1988 WL 62937
CourtLouisiana Court of Appeal
DecidedJune 22, 1988
DocketNo. 87-522
StatusPublished
Cited by2 cases

This text of 529 So. 2d 39 (Prince v. Conoco, 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
Prince v. Conoco, Inc., 529 So. 2d 39, 1988 La. App. LEXIS 1454, 1988 WL 62937 (La. Ct. App. 1988).

Opinion

YELVERTON, Judge.

In the early morning hours of March 9, 1985, a corroded and weakened six inch depropanizer gas line of Continental Oil Company (Conoco) in Westlake, Louisiana, burst, and within seconds an explosion occurred which was felt two to four miles from the plant, knocking out electrical power to the area, and extensively damaging the mechanical shop and two cooling towers in the plant.

One mile west of the center of the blast Diane Prince was at home with her husband asleep in their bed. The force of the explosion rocked her house, physically damaging the residence. Plaintiff was not injured by the blast itself, but in her reaction to the noise and the motion she bolted up and out of bed and fell to the floor. These movements re-injured a back condition for which she was recovering from recent surgery. The Princes sued Conoco for the personal injuries suffered by Mrs. Prince and for property damage done to their dwelling.

A jury returned a verdict answering seven interrogatories specifically finding:

1. Conoco owned, maintained and controlled a thing which was defective.
2. Plaintiff suffered property damage to her residence caused by the explosion or ignition at the Conoco Refinery.
3. The residence damage was $8,700.
4. Diane Prince suffered personal injuries caused by the explosion or ignition.
5. These injuries were caused by her fault as well.
6. The fault of Diane Prince attributable to her was 20% and the percentage of fault attributable to Conoco was 80%.
7. The total amount of her damages was $202,000.

All parties appealed. Conoco raises issues having to do with legal cause, eviden-tiary rulings, charge errors, and damages. The Princes raise the issues of Diane [41]*41Prince’s fault, damages, and failure to charge loss of consortium.

We affirm Conoco’s liability and the amounts of damages. We find no error in the trial court’s ruling declining to charge loss of consortium. The jury’s finding of contributory negligence is, however, clear error, and we will modify the judgment in that one respect; otherwise, this is an affirmation.

We will explain our decision under the following general headings: (1) liability and contributory negligence, (2) evidentiary rulings and charges, and (3) damages. LIABILITY AND CONTRIBUTORY NEGLIGENCE

We begin by observing that the jury, after hearing every witness each side cared to present, found as a fact that there was $8,700 in property damages to the Prince residence. The testimony of construction contractors gives credence to this finding. It is not manifestly erroneous. We cannot change it. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Likewise, the jury found that Diane Prince, did, in fact, re-injure her back as a result of the explosion. Mrs. Prince so testified, and the jury believed her, and her doctors testified to clinically objective findings and gave their opinions supporting the causal relationship between the explosion and injury. There was no evidence to the contrary. Therefore, we accept, as we must, these findings as fact.

Conoco contests its liability, and uses duty/risk methodology in its argument. We will use the same methodology in affirming Conoco’s liability.

Our initial inquiry is whether there is a causal relationship between the explosion at Conoco and the injury to Mrs. Prince’s back. Stated differently, was the explosion a cause-in-fact of this injury? There is no question that it was. The explosion was a substantial factor in bringing about the injury. But for the explosion, Mrs. Prince would not have suddenly awakened, jumped out of her bed and fallen to the floor.

We must next determine what duty was imposed on the defendant under these particular circumstances, whether there was a breach of that duty that resulted in damages, and whether the risk which resulted in the damages was encompassed within the scope of the protection extended by the imposition of that duty. Sibley v. Gifford Hill and Company, Inc., 475 So.2d 315 (La.1985).

The duty issue is a policy inquiry into whether the defendant’s duty to the victim included protection against the particular injury. Id, at 319. Conoco’s argument regarding legal cause focuses on the noise of the explosion alone, drawing analogies to sonic booms, blowing transformers, and ringing telephones, and predicts dire consequences if tort liability can arise from a mere explosion at night, for then (the argument goes) all within earshot would be potential victims, and therefore potential suitors. Our response to this argument is that this is not a case of noise alone. This explosion, which the defendant had a duty to prevent, was not only noisy, it was destructive; it was felt two to four miles away and did actual structural damage to the Prince house one mile away. Several neighbors of the Princes testified that their houses also were damaged by the explosion. It was not the noise that damaged the house. We do not have to answer the question of whether legal cause requirements would be satisfied if there had been only the noise of an explosion. What we have here is the noise and force of an explosion that shook and damaged a home and caused its sleeping occupant to bolt from the bed and injure herself.

No one would question the fact that Co-noco owed a duty to its neighbors, such as plaintiff, to prevent explosions of such force that their very homes would be shaken and damaged. The duty reasonably encompasses the risk that the home owner himself will be injured by the same explosive force that causes the damage to the home. It does not matter that the personal injury was not directly caused by the force of the blast. It is not hard to associate this breach of duty with an injury resulting when the sleeping occupant of a shaking [42]*42house, reacting to the noise and motion involuntarily, injures herself by bolting out of bed or stumbling on the floor.

It is a matter of examining effect from cause. What happened here to Mrs. Prince can be easily associated with Conoco’s conduct. Ease of association is a factor in determining if a duty extends to a particular risk of harm. Hill v. Lundin, 260 La. 542, 256 So.2d 620 (1972). The test is whether defendant’s duty to the plaintiff includes protection against the consequences which actually occurred as determined by their foreseeability tempered by judicial policy. Speight v. Southern Farm Bureau Insurance Company, 254 So.2d 485 (La.App. 3rd Cir.1971). An injury to the sleeping occupant of a shaking house, who, reacting to the noise and motion involuntarily, bolts out of bed and stumbles to the floor, is not hard to associate with the duty of a plant owner to prevent such a violent explosion. The jury properly found legal cause in the present case.

The jury was manifestly in error, however, in finding Mrs. Prince to be 20% at fault. There is no factual basis in the record for this determination of contributory negligence. It is logically inconsistent. The testimony that went to the jury regarding how the accident happened came from Mr. Prince and Mrs. Prince. Her doctor also testified as to what she told him several weeks later. From this testimony it is clear that Mrs.

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Bluebook (online)
529 So. 2d 39, 1988 La. App. LEXIS 1454, 1988 WL 62937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-v-conoco-inc-lactapp-1988.