MOUTON v. CITGO PETROLEUM CORPORATION (2018)

Court of Appeal of Louisiana, Third Circuit.

Donald MOUTON and Ebony Mouton v. CITGO PETROLEUM CORPORATION, et al.

CA 18-170 consolidated with CA 18-169

Decided: November 28, 2018

Court composed of Sylvia R. Cooks, John D. Saunders, and Elizabeth A. Pickett, Judges.

Robert E. Landry, Patrick D. Gallaugher, Kevin P. Fontenot, Scofield, Gerard, Pohorelsky, Gallaugher & Landry, 901 Lakeshore Drive, Suite 900, Lake Charles, LA 70601, (337) 433-9436, COUNSEL FOR DEFENDANT-APPELLANT: Citgo Petroleum Corporation Craig Isenberg, Kyle W. Siegel, Joshua O. Cox, Barrasso Usdin Kupperman Freeman & Sarver, LLC, 909 Poydras, 24th Floor, New Orleans, LA 70112, (504) 589-9700, COUNSEL FOR DEFENDANT APPELLANT: Citgo Petroleum Corporation Wells T. Watson, Jake D. Buford, Baggett, McCall, Burgess, Watson & Gaughan, P. O. Drawer 7820, Lake Charles, LA 70606-7820, (337) 478-8888, COUNSEL FOR PLAINTIFFS-APPELLEES: Donald Mouton, Ebony Mouton Jack Richard Elliott Wilson, Somer G. Brown, Cox, Cox, Filo, Camel & Wilson, LLC, 723 Broad Street, Lake Charles, LA 70601, (337) 436-6611, COUNSEL FOR PLAINTIFFS-APPELLEES: Donald Mouton, Ebony Mouton Jack

For the reasons assigned by this court in Bowling v. CITGO Petroleum Corp., 18-169 (La.App. 3 Cir. 11/28/18), ––– So.3d ––––, the judgment of the trial court awarding $10,000.00 to Donald Mouton and $10,000.00 to Ebony Mouton Jack in general damages for fear of developing disease is reversed. In all other respects, the judgment of the trial court is affirmed.

AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.

COOKS, Judge.

Pickett, J. concurs in part and dissents in part for the reasons assigned in 18-169, Bowling v. CITGO Petroleum Corp.

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