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Arabie v. CITGO Petroleum Corp.
Citations: 175 So. 3d 1180; 2015 WL 5834790Docket: Nos. 15-324, 15-325
Court: Louisiana Court of Appeal; October 7, 2015; Louisiana; State Appellate Court
Plaintiffs in two consolidated appeals claim injuries from a significant oil and wastewater spill at CITGO Petroleum Corporation’s Calcasieu Parish refinery, which occurred on June 19, 2006, due to storm overflow. CITGO admits liability for the spill, which released over 21 million gallons of waste, contaminating more than 100 miles of shoreline and requiring extensive cleanup. Previous litigation involving different plaintiffs from the same construction company established CITGO's negligence and awarded damages for injuries related to the spill, including fear of future cancer. The Supreme Court previously reversed a punitive damages award but upheld that plaintiffs proved their injuries were caused by exposure to toxic substances from the spill. In the current case, the trial court found that CITGO's negligence was a cause-in-fact of the plaintiffs' injuries, noting that reassurances from CITGO management about safety delayed the plaintiffs seeking medical evaluations, worsening their conditions. The trial court awarded damages to two plaintiffs: Randall Biddy received a total of $36,357, including $857 for medical expenses and $20,500 for pain and suffering, while Tony Buckelew was awarded $29,502, including $502 for medical expenses and $14,000 for pain and suffering. The appellate court affirmed the trial court's discretion in awarding these amounts, finding no abuse of discretion in the damage assessments. Allen Fontenot incurred medical expenses of $2,402.00 and received a total of $42,902.00 in damages, including $20,500.00 for pain and suffering, $15,000.00 for fear of developing disease, and $5,000.00 for loss of enjoyment of life. Christopher Gass had medical expenses of $660.00, totaling $26,910.00, with $10,260.00 for pain and suffering, $10,000.00 for fear of developing disease, and $6,000.00 for loss of enjoyment of life. Michael Greer’s total was $33,027.00, comprising medical expenses of $1,027.00 and $17,000.00 for pain and suffering. Joshua Holland's total was $34,450.00, with $1,450.00 in medical expenses. Yates LeBlanc received $10,660.00 total with $660.00 in medical expenses. Dale Louvierre's total was $38,310.00, Dustin Miller’s was $33,930.00, Morgan Olivier's was $39,013.04, Darren Romero's was $32,645.94, Willard Romero's was $31,160.00, Joshua Singer's was $26,110.00, and Dustin Smith's was $32,171.00. Larry Stewart had total damages of $47,027.22, including $2,027.22 in medical expenses and $30,000.00 for pain and suffering. All court costs were assigned to CITGO, which appealed the judgment on grounds of excessive damages compared to similar cases and questioned the $10,000.00 awarded to Stewart for fear of developing a future disease without supporting evidence. A final judgment was signed on October 9, 2014. The appellate standard of review for general damage awards, as established in Anthony v. Georgia Gulf Lake Charles, LLC, emphasizes that the trier of fact has significant discretion in awarding damages, which can only be overturned by an appellate court upon finding a clear abuse of discretion. The monetary award must reasonably relate to the proven damages, and prior awards can only be referenced for establishing the bounds of discretion after such an abuse is identified. CITGO argues that the trial court’s awards for loss of enjoyment of life are duplicative of pain and suffering awards. However, the Louisiana Supreme Court has ruled that loss of enjoyment of life is distinct from pain and suffering, justifying separate awards if sufficiently proven. The court maintains that the recoverability of damages for loss of enjoyment of life is fact-specific and tailored to each plaintiff. CITGO also contends that the plaintiffs did not miss work due to their injuries, but plaintiffs assert that their injuries made work and life significantly more challenging. Furthermore, CITGO criticizes the plaintiffs for not seeking immediate medical treatment, claiming they should have consulted their family physicians instead of attorneys' recommendations. Plaintiffs counter that many lacked regular physicians or that their physicians were not qualified to address chemical exposure issues. They also argue against penalizing those who did not seek immediate medical attention, noting that CITGO had indicated to the community that the toxic exposure posed no immediate health risks, implying that urgent medical attention was unnecessary. The trial court emphasized that despite employee complaints, CITGO reassured them that slop oil was not dangerous, leading to a lack of initial medical evaluations. Had CITGO recommended evaluations, symptoms likely could have been reduced. In a prior case, Anthony, the court rejected similar arguments from Georgia Gulf regarding plaintiffs' alleged failure to seek timely medical care, noting Georgia Gulf's inadequate public information about chemical releases. The current trial court similarly disregarded CITGO's claim that plaintiffs should be penalized for not seeking medical attention promptly after exposure. CITGO contended that general damage awards were excessive, comparing the average award of $10,546 per plaintiff in a previous case to $29,283 in the current case, despite similar circumstances. CITGO suggested that the increased awards were a replacement for previously vacated punitive damages. However, the trial court did not indicate that it sought to circumvent the Louisiana Supreme Court's ruling by increasing general damages. Instead, the trial judge provided detailed reasoning for the varying awards based on individual plaintiff complaints and damages severity, countering CITGO's speculation about the motivations behind the higher awards. CITGO's argument against the trial court's damage awards, claiming they were an abuse of discretion due to being significantly higher than those in Arabie 1, was deemed unpersuasive. The trial court acknowledged that the injuries of the current plaintiffs were “similar” to those in Arabie 1 but found that many plaintiffs in the earlier case had less severe injuries. Additionally, previous rulings indicated that several awards in Arabie 1 were considered abusively low. Therefore, CITGO's claims about the relevance of those awards to the current case were misguided. The court examined the specific awards given to three plaintiffs, concluding they were justified: 1. **Randall Biddy** received $20,500 for pain and suffering, $10,000 for fear of developing a disease, and $5,000 for loss of enjoyment of life. His symptoms included headaches, sleep issues, and concerns about cancer, which significantly affected his quality of life, including attending his daughter's events. The court found no fault in his lack of immediate medical treatment, attributing it to CITGO’s earlier reassurances about health risks. 2. **Tony Buckelew** was awarded $14,000 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life. He experienced headaches and various symptoms for several months that impaired his ability to work and engage in activities. His concern for his health and the well-being of his son was noted, with the court finding the awards appropriate. 3. **Allen Fontenot** received $20,500 for pain and suffering, $15,000 for fear of disease, and $5,000 for loss of enjoyment of life. He dealt with headaches and fatigue for about twenty months, along with other medical issues. Despite CITGO's criticism of his failure to report exposure problems during unrelated medical visits, the court upheld the awards, supported by consistent medical testimony regarding his health post-exposure. Overall, the evidence and testimonies supported the damage awards, and the court found no abuse of discretion in the trial court's decisions. Christopher Gass was awarded a total of $25,250 in general damages, which included $10,250 for pain and suffering, $10,000 for fear of developing a disease, and $5,000 for loss of enjoyment of life. He suffered sinus problems for nearly a year, along with headaches, nausea, and fatigue, all linked to exposure from slop oil. Despite CITGO's argument that he continued exercising, Gass testified that his quality of life dramatically decreased, leading to constant anxiety about his health. The trial court's awards were deemed appropriate. Michael Greer received $32,000 in general damages: $17,000 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life. He experienced headaches, fatigue, and shortness of breath for about fourteen months, along with sleep difficulties and other symptoms. Although CITGO claimed Greer did not seek medical help for spill-related issues, he pointed out that he reported symptoms during doctor visits. Medical professionals associated his ailments with the exposure, and Greer expressed significant anxiety regarding potential long-term health effects. The trial court's awards were upheld. Joshua Holland was awarded $33,000 in damages, composed of $13,000 for pain and suffering, $15,000 for fear of disease, and $5,000 for loss of enjoyment of life. He dealt with headaches and sleep issues for approximately twelve months, along with nausea and dizziness. While CITGO noted he reported severe headaches infrequently, his history indicated more frequent mild headaches. Holland's fears of future disease were intensified by his grandfather's death from asbestos exposure. The trial court's awards were found to be substantiated by evidence. Yates LeBlanc received $10,000 in general damages for pain and suffering but was not awarded damages for fear of disease or loss of enjoyment of life. The court determined he experienced fatigue, coughing, and sleep difficulties for about three months due to exposure. CITGO contends that Mr. LeBlanc indicated his health issues resolved when the odor from the oil dissipated four to six weeks post-spill. While Mr. LeBlanc did mention in his deposition that his symptoms diminished alongside the smell, he did not explicitly claim that all issues ceased. Medical records reveal he continued to experience fatigue and sleep disturbances three months later. Consequently, the trial court granted him the lowest general damages among plaintiffs and denied claims for loss of enjoyment of life or fear of future disease, citing a lack of evidence. No abuse of discretion was found regarding Mr. LeBlanc's damages. Dale Louvierre was awarded $17,500 for pain and suffering, $15,000 for fear of disease, and $5,000 for loss of enjoyment of life, due to headaches lasting fifteen months and other symptoms such as fatigue and anxiety over health risks stemming from exposure. His damages were also deemed reasonable. Dustin Miller received $18,000 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life. The court noted his symptoms, including nausea and fatigue for a year and worsening sinus issues for nearly two years, significantly impacted his family life and caused anxiety about future health risks. The award was found reasonable. Morgan Olivier was awarded $20,500 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life. His fatigue lasted approximately twenty-one months, accompanied by various other health issues attributed to slop oil exposure. Discrepancies in expert opinions regarding the duration of his symptoms were noted, but the trial court's decision on damages was upheld as appropriate. Darren Romero received $16,000 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life, based on flu-like symptoms over a year and other health issues. The trial court's awards across all plaintiffs were deemed reasonable and not an abuse of discretion. Mr. Romero, a college student at the time of the oil spill, testified that his health issues greatly diminished his ability to engage in daily activities, and he experienced severe anxiety regarding potential long-term health effects from the exposure, affecting both him and his father, Willard Romero, who is also a plaintiff. The trial court awarded Mr. Romero $15,500 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life. He endured fatigue for about eleven months along with sinusitis, headaches, nausea, sore throat, coughing, eye irritation, and diarrhea. CITGO challenged the award, noting Mr. Romero sought treatment for a hernia shortly after the spill but did not seek help for exposure-related symptoms. However, his treating physicians confirmed that his fatigue was linked to the exposure. Mr. Romero reported that his health issues severely affected his family activities, including gardening, and he expressed concerns for his son, Darren. Willard Romero's awards were also deemed reasonable by the court. Joshua Singer received $13,000 for pain and suffering, $10,000 for fear of disease, and $2,500 for loss of enjoyment of life due to headaches and sinus issues attributed to the exposure lasting about seven months. His symptoms caused significant lethargy and inactivity, along with anxiety over long-term health effects; the court found no abuse of discretion in his awards. Dustin Smith was awarded $16,500 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life, suffering persistent headaches for a year, with additional sinus issues. CITGO criticized him for canceling a follow-up appointment over a year post-exposure, but he noted that his symptoms had improved by then. His debilitating headaches significantly impacted his life, and he also experienced anxiety regarding potential long-term effects. Larry Stewart received $30,000 for pain and suffering, $10,000 for fear of disease, and $5,000 for loss of enjoyment of life. He experienced exacerbation of chronic obstructive pulmonary disease (COPD) and various symptoms for approximately ten months, including fatigue and dizzy spells, with the trial court linking a tailbone injury to the dizzy spells caused by the exposure. The court upheld the trial awards across all plaintiffs as reasonable and within the trial court's discretion. CITGO contended that Mr. Stewart's long-term symptoms existed before the spill, but Dr. Levy testified that Mr. Stewart's pre-existing health issues made him more susceptible to chemical exposure. Medical records showed Mr. Stewart was only on high blood pressure medication prior to the spill. After the exposure, he received prescriptions for an inhaler, Adavair, a nasal steroid, Benadryl, and De-eadron for respiratory issues. The trial court found that the exposure worsened Mr. Stewart's existing chronic obstructive pulmonary disease (COPD) and dizziness, a conclusion deemed not erroneous, thus supporting the general damage awards for pain and suffering and loss of enjoyment of life. CITGO's second argument challenged the $10,000 awarded to Mr. Stewart for fear of developing a disease, claiming he provided no evidence of such fear. However, Mr. Stewart's counsel referenced medical testimony indicating an increased cancer risk due to the exposure. Mr. Stewart expressed concern for his health as a reason for filing the lawsuit. The trial court, exercising its discretion, determined that this testimony, along with the evidence of increased cancer risk, justified the award for Mr. Stewart's fear regarding his health. The trial court's judgment was affirmed, with all appeal costs assigned to CITGO Petroleum Corporation. CITGO's assertion regarding average general damages was incorrect, as it included medical expenses not categorized as general damages.