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TATE v. GAYLORD CONTAINER

No. 97 CA 2944.

720 So.2d 24 (1998)

James Edward TATE v. GAYLORD CONTAINER and CNA Insurance Company.

Court of Appeal of Louisiana, First Circuit.

September 25, 1998.

Attorney(s) appearing for the Case

Charles M. Hughes, Sr., Bogalusa, for defendants-appellants.

Edward A. Robinson, III, Baton Rouge, for plaintiff-appellee.

Before SHORTESS, C.J., and CARTER and WHIPPLE, JJ.

SHORTESS, Judge.

On October 23, 1995, on the premises of Gaylord Chemical Corporation in Bogalusa, a derailed railroad tanker carrying nitrogen tetroxide exploded, emitting a cloud of black and orange smoke. James Edward Tate (plaintiff) was working at the adjacent bag plant owned by Gaylord Container Corporation (Gaylord). He alleges he was exposed to noxious fumes and as a result developed a disabling pulmonary condition. He sued Gaylord and its workers' compensation...

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