IN RE NEW ORLEANS TRAIN CAR LEAKAGE FIRE LITIGATION

No. 2000-CA-0479.

795 So.2d 364 (2001)

In re NEW ORLEANS TRAIN CAR LEAKAGE FIRE LITIGATION.

Court of Appeal of Louisiana, Fourth Circuit.

June 27, 2001.


Attorney(s) appearing for the Case

Wendell H. Gauthier, Bruce C. Dean, Gauthier, Downing, LaBarre, Beiser & Dean, and T. Allen Usry Usry & Weeks, Metairie, LA, and Joseph M. Bruno, David Scalia, Anthony Irpino, Bruno & Bruno, New Orleans, LA, and Henry T. Dart, Metairie, LA, Plaintiffs' Liaison Counsel and Darleen M. Jacobs, New Orleans, LA, and Luther F. Cole, Baton Rouge, LA, Counsel for Plaintiffs/Appellees.

Harry S. Hardin, III, Raymond J. Salassi, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., and Sam A. Leblanc, III, Adams and Reese, LLP, and Roy J. Rodney, Jr., Rodney, Bordenave, Boykin, & Ehret, New Orleans, LA, Counsel for Defendant/Appellant, (CSX Transportation, Inc.).

Daniel Lund, Timothy F. Daniels, David W. O'Quinn, Montgomery, Barnett, Brown, Read, Hammond & Mintz, LLP, New Orleans, LA, and Joseph L. Shea, Jr., Barlow and Hardtner, L.C., Shreveport, LA, Counsel for AMF-BRD, Inc.

Eric Shuman, Dwayne C. Jefferson, McGlinchey Stafford, A.P.L.C., and K. Eric Gisleson, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, Counsel for Nova Chemicals, Inc.

John S. Keller, and Richard C. Stanley, Thomas M. Flanagan, Bryan C. Reuter, Stanley & Flanagan, L.L.C., New Orleans, LA, Amicus curiae, (The City of New Orleans).

Taylor L. Caffery, American Lung Association of Louisiana, Inc., Baton Rouge, LA, Amicus Curiae, (The American Lung Association of Louisiana, Inc.).

(Court composed of Chief Judge WILLIAM H. BYRNES III, JOAN BERNARD ARMSTRONG and JAMES F. McKAY, III, Judges).


JOAN BERNARD ARMSTRONG, Judge.

This is a class action. It arises out of a chemical leak and fire involving a railroad tank car. After a two-phase trial, the jury found all defendants liable for compensatory damages and several defendants liable for punitive damages. The quantum of compensatory damages was determined as to each of twenty selected plaintiffs. The quantum of punitive damages was determined as to each of the several defendants found liable for punitive...

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