Touchet v. Baker Hughes Inc.

737 So. 2d 821, 98 La.App. 3 Cir. 749, 1999 La. App. LEXIS 204
CourtLouisiana Court of Appeal
DecidedFebruary 3, 1999
Docket98-749
StatusPublished
Cited by30 cases

This text of 737 So. 2d 821 (Touchet v. Baker Hughes 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
Touchet v. Baker Hughes Inc., 737 So. 2d 821, 98 La.App. 3 Cir. 749, 1999 La. App. LEXIS 204 (La. Ct. App. 1999).

Opinion

737 So.2d 821 (1999)

Joe Don TOUCHET, et al., Plaintiffs-Appellants,
v.
BAKER HUGHES INC., et al., Defendants-Appellees.

No. 98-749.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1999.

*822 James Paul Lambert, Lafayette, Chuck David Granger, Opelousas, for Joe Don Touchet, et al.

Bret Christopher Beyer, Lafayette, for Baker Hughes Inc., et al.

Dale Patrick Martin, Morgan City, David M. Thorguson, Berwick, for Dynasty/Viator Trucking.

James Isaac Funderburk, Abbeville, for Sheriff Ray Lemaire.

BEFORE: YELVERTON, WOODARD, and PICKETT, Judges.

WOODARD, Judge.

This is an appeal regarding a trial court's decision to grant an exception of prescription. The trial court found that the suit prescribed and that fifty-six of the plaintiffs could not overcome the exceptions of prescription. Because we find that the plaintiffs did not satisfy their burden of proof to overcome the exceptions of prescription, we affirm.

FACTS

In the afternoon of August 17, 1993, a 610 gallon tank owned by Baker Hughes Inc., and Baker Hughes Oilfield Operations, Inc., (Baker) and transported by Howard P. Viator, Sr. Trucking Co., Inc., (Viator), leaked 200 to 300 gallons of hydrochloric acid solution near the intersection of Jacquelyn Street and Veazey Street, located at the southern outskirts of Abbeville, Louisiana.

As he became aware that the tank was leaking, the truck driver pulled over into an abandoned driveway located near the Bud Chauvin's Trailer Park and the Touchet Trailer Park.

The chemical leaked onto the ground for some time, emitting fumes that formed a cloud of chlorine gas which traveled through and covered the trailer parks. People living close by the spill, namely, on Donna Street or Chauvin's trailer park, were evacuated by the Vermillion Parish Sheriff's Deputies, Greg Hebert, and Joe Don Touchet. Also, roadblocks were set up on streets leading into the area. The Touchet Trailer Park was not evacuated, although it was covered by the gas.

Officials from the Department of Environmental Quality, as well as ambulance and fire personnel, responded to the spill. Local network television stations reported the news on their evening broadcasts. The story was repeated the next day on their news broadcasts. It was also reported in the local newspaper the morning following the spill.

Baker cleaning crews were called to the scene. They built a containment wall to trap the acid and gas and sent a second truck to clean it up and keep it from spreading. Although the cleanup efforts were slowed by a quarter inch of rain, the spill was contained and cleaned up some time during that evening.

The local newspaper stated that "[n]o injuries were reported, although several people said they felt dizzy and nauseated." In fact, it appears that some people were *823 exposed to and inhaled the gas. As a result, they immediately felt burning sensations in their eyes, nose, throat, and chest. Some of them described having a bad taste in their mouth. Others vomited.

Within the year following the spill, Deputies Touchet and Hebert, who responded to the scene of the spill, and Trina Marceaux and her children, who lived in the Chauvin trailer park, filed a petition against Baker and Viator, alleging that they suffered injuries as a result of their exposure to the gas.

Counsel for a plaintiff hired an investigator to inquire into the facts surrounding the case. The investigator contacted everybody within the area, either personally or by leaving a note on people's doors. By doing so, the investigator communicated information regarding the symptoms and effects of exposure to the gas, and he advised them to contact the attorney who is now representing them in this suit, should they exhibit the described ailments.

This "investigation" resulted in the filing of a plethora of suits between January and August of 1995; namely, twenty-eight separate suits were filed involving a total of sixty-nine plaintiffs. Generally, the plaintiffs allege that they immediately felt at least some of the aforementioned sensations as a result of being exposed to the gas. Some claim that the sensations ceased the night of the exposure or the next day; others claim that it disappeared within a couple of days, gradually decreasing until completely gone. Strikingly, aside from Velta Darby who immediately went to the emergency room at Abbeville General for a breathing treatment, not one plaintiff went to the hospital or a doctor to seek medical attention. In fact, they claim that the spill was forgotten within a few days.

Nevertheless, the plaintiffs allege that within several months and beyond, they developed various symptoms, including shortness of breath, dizziness, sinus problems, headaches, and hair loss, among other things. Only a few of these plaintiffs sought medical attention, and only a handful of them asked their physician if their ailments could be connected to chlorine gas exposure. To the date of their testimony in November of 1997, some plaintiffs had yet to seek medical attention regarding the alleged ailments for which they are suing. All of the "late filing plaintiffs" claim that their contact with the investigator or their attorney triggered their understanding that their ailments were connected to the spill.

Pursuant to a motion filed on April 24, 1995, the trial court, on May 8, 1995, issued an order to have the suits consolidated. The defendants then filed an exception of prescription, which Judge Aaron granted pursuant to a hearing held on July 14, 1997. A motion for "reconsideration" was filed by the plaintiffs on July 23, 1997. A judgment, granting the peremptory exception of prescription, was rendered on August 11, 1997. Additionally, a judgment granting the defendants' motion to dismiss, with costs and attorney's fees, the suits of William Braly (Docket Number: 95-66452), Jeremiah Hebert (Docket Number: 95-65626), William Fanguy (Docket Number: 95-65719), Robert Garcia (Docket Number: 95-65690), and Charles Randall Lowery (Docket Number: 95-65628) was rendered on August 12, 1997.

On August 18, 1997, the plaintiffs filed a motion for a new trial regarding the exception of prescription. Oddly, the motion was heard by Judge Conque, instead of Judge Aaron. Judge Conque granted the motion for new trial on September 30, 1997. Hearing on the new trial of the exception of prescription was had on November 3-4, 1997. After hearing the testimony of most plaintiffs concerned by the exception, Judge Conque granted the defendants' exception of prescription as to fifty-six plaintiffs. Nevertheless, he denied the exception of prescription involving Michael Darby (Docket Number: 95-65631), Velta Darby (Docket Number: 95-65627), Thomas Darby (Docket Number: *824 95-65627), and Kayla Duck Touchet for Whitney Touchet (Docket Number: 95-65857). The fifty-six plaintiffs appeal.

These appeals have been consolidated. We will give our reasons for judgment in the opinion of the instant captioned appeal.

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Bluebook (online)
737 So. 2d 821, 98 La.App. 3 Cir. 749, 1999 La. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/touchet-v-baker-hughes-inc-lactapp-1999.