DELEO v. BAYOU LAFOURCHE FRESH WATER DIST.

No. 2002 CA 0513.

846 So.2d 17 (2003)

Bruno J. DELEO, et al. v. BAYOU LAFOURCHE FRESH WATER DISTRICT and Peoples Water Service Company of Louisiana, Inc.

Court of Appeal of Louisiana, First Circuit.

Writ Denied May 16, 2003.


Attorney(s) appearing for the Case

O'Neil J. Parenton, Jr., Donaldsonville, for Appellees Plaintiffs.

Ricky L. Babin, Stephen P. Sheets, Gonzales, for Appellant Defendant Bayou Lafourche Fresh Water District.

Panel composed of Judges FRANK FOIL, PAGE McCLENDON and WILLIAM F. KLINE, Jr.


FOIL, J.

This appeal challenges a trial court's judgment awarding property damages to numerous persons residing along Bayou Lafourche in connection with a chemical spill in the Mississippi River. We find that the plaintiffs failed to prove that the defendant acted negligently in its handling of a benzene spill under all of the circumstances of this case, and we reverse.

BACKGROUND

On March 17, 1999, at about 5:00 p.m., the M/V F.R. Bigelow, was traveling...

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