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Bowling v. Citgo Petroleum Corp., 2018-169 c/w 2018-170 - 76, 79 (La.App. 3 Cir. 11/28/18), West reporter citation not yet available


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Damages Summary
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Report Prepared For

Trial Court:  14th JDC      Local Rules

Bench Trial


Parish: Calcasieu
Judge(s)
Judge: Wilson, Sharon Darville trial court judge
Judge: Cooks, Sylvia R. appellate opinion author
Judge: Saunders, John D.
Judge: Pickett, Elizabeth A. dissent
Attorney(s)
Robert E. Landry Plaintiff Counsel
Patrick D. Gallaugher , Jr. Plaintiff Counsel
Kevin Paul Fontenot Plaintiff Counsel
Craig Robert Isenberg Defense Counsel (Appellant)
Kyle Wallace Siegel Defense Counsel (Appellant)
Joshua Omar Cox Defense Counsel (Appellant)
Wells Talbot Watson Plaintiff Counsel
Jake D. Buford Plaintiff Counsel
Richard Elliott Wilson Plaintiff Counsel
Somer George Brown Plaintiff Counsel

Case Tags: Toxic tort, Quantum,





Damages Summary

Bowling, Patrick

General Damages: $38,000    (CPI inflation adjusted: $38,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $28,000.00
Mental anguish $0.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $350.00

Colletta, Michael

General Damages: $26,000    (CPI inflation adjusted: $26,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed.
Itemized general damages
Pain and suffering $21,000.00
Mental anguish $0.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $350.00

Crewell, Michael

General Damages: $35,000    (CPI inflation adjusted: $35,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $25,000.00
Mental anguish $0.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $350.00

Daigle, Dustin

General Damages: $18,500    (CPI inflation adjusted: $18,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $5,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $3,500.00
Special Damages
Past medical expenses $350.00

Doucet, Albert, Jr.

General Damages: $27,500    (CPI inflation adjusted: $27,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$7,500 award for fear of developing disease reversed.
Itemized general damages
Pain and suffering $20,000.00
Mental anguish $0.00
Loss of enjoyment of life $7,500.00
Special Damages
Past medical expenses $450.00

Dowling, Odelia

General Damages: $13,000    (CPI inflation adjusted: $13,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $8,000.00
Mental anguish $0.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $200.00

Forsyth, Zachary

General Damages: $7,500    (CPI inflation adjusted: $7,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $4,500.00
Mental anguish $0.00
Loss of enjoyment of life $3,000.00
Special Damages
Past medical expenses $350.00

Glasgo, Yvonne

General Damages: $23,000    (CPI inflation adjusted: $23,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $8,500.00
Mental anguish $10,000.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $200.00

Jack, Ebony Mouton

General Damages: $15,000    (CPI inflation adjusted: $15,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed.
Itemized general damages
Pain and suffering $10,000.00
Mental anguish $0.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $200.00

Jack, Ellis

Comment: Awards of $25,000 general damages and $200 medical expenses reversed on finding plaintiff failed to prove exposure to slop oil.

General Damages: $0


Judice, Chris

General Damages: $28,000    (CPI inflation adjusted: $28,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $13,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $350.00

L'Hoste, Stephen

General Damages: $37,500    (CPI inflation adjusted: $37,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $10,000.00
Mental anguish $15,000.00
Loss of enjoyment of life $12,500.00
Special Damages
Past medical expenses $350.00

Lambright, Terryl

General Damages: $23,500    (CPI inflation adjusted: $23,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $10,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $3,500.00
Special Damages
Past medical expenses $350.00

Martin, Larry

General Damages: $21,000    (CPI inflation adjusted: $21,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $7,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $4,000.00
Special Damages
Past medical expenses $416.00

Matthews, Ricky

General Damages: $45,000    (CPI inflation adjusted: $45,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $25,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $732.00

McCoy, Richard

General Damages: $48,000    (CPI inflation adjusted: $48,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $28,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $537.00

McZeal, Deborah

General Damages: $38,000    (CPI inflation adjusted: $38,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $28,000.00
Mental anguish $0.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $350.00

Mouton, Donald

General Damages: $8,500    (CPI inflation adjusted: $8,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed.
Itemized general damages
Pain and suffering $5,000.00
Mental anguish $0.00
Loss of enjoyment of life $3,500.00
Special Damages
Past medical expenses $200.00

Mouton, Leslie

General Damages: $13,500    (CPI inflation adjusted: $13,500)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed.
Itemized general damages
Pain and suffering $10,000.00
Mental anguish $0.00
Loss of enjoyment of life $3,500.00
Special Damages
Past medical expenses $305.00

Mumford, Tommy

General Damages: $20,000    (CPI inflation adjusted: $20,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed on finding that plaintiff was exposed to air release only.
Itemized general damages
Pain and suffering $15,000.00
Mental anguish $0.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $200.00

Paggen, Robert

General Damages: $36,000    (CPI inflation adjusted: $36,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $21,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $350.00

Smith, John D.

General Damages: $35,000    (CPI inflation adjusted: $35,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed on finding that plaintiff was exposed to air release only.
Itemized general damages
Pain and suffering $25,000.00
Mental anguish $0.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $459.00

Spikes, Corey

General Damages: $21,000    (CPI inflation adjusted: $21,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $7,500.00
Mental anguish $10,000.00
Loss of enjoyment of life $3,500.00
Special Damages
Past medical expenses $200.00

Thibodeaux, John

General Damages: $13,000    (CPI inflation adjusted: $13,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

$10,000 award for fear of developing disease reversed.
Itemized general damages
Pain and suffering $8,000.00
Mental anguish $0.00
Loss of enjoyment of life $5,000.00
Special Damages
Past medical expenses $200.00

Timpa, Sammy

Comment: Total damages reduced to $50,000 pursuant to bench trial stipulation.

General Damages: $53,000    (CPI inflation adjusted: $53,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $28,000.00
Mental anguish $15,000.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $350.00

Young, Alton

General Damages: $48,000    (CPI inflation adjusted: $48,000)
CPI adjustments calculated using U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index values for case/judgment date and the most recent update.

Itemized general damages
Pain and suffering $28,000.00
Mental anguish $10,000.00
Loss of enjoyment of life $10,000.00
Special Damages
Past medical expenses $350.00


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