The question in this case is whether as a matter of law partial summary judgment may be granted on the question of exemplary damages for injuries relating to hazardous or toxic substances pursuant to LSA-C.C. art. 2315.3. The answer is no.
Plaintiffs/respondents were injured when an 18-wheel gasoline tank truck owned by defendant Petron, Inc., driven by defendant Samuel Becknel, and insured by defendant...
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