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DESCANT v. TPA, INC.

Nos. 05-CA-144, 04-C-1326.

907 So.2d 810 (2005)

Paulette B. DESCANT v. TPA, INC., Koch TPA, Inc., and Koch Industries, Inc. Paulette Descant v. TPA Inc., Koch TPA, Inc. and Koch Industries, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

June 28, 2005.

Attorney(s) appearing for the Case

Donna U. Grodner, Charlotte C. McDaniel, Grodner and Associates, Baton Rouge, Louisiana, Robert J. Snyder, Gramercy, Louisiana, for Plaintiff/Appellee.

Carey J. Guglielmo, Stephen Dale Cronin, Guglielmo, Marks, Schutte, Terhoeve & Love, Baton Rouge, Louisiana, for Defendant/Appellant.

Thomas E. Balhoff, Judith R. Atkinson, Carlton Jones, III, Roedel, Parsons, Koch, Blache, Balhoff & McCollister, Baton Rouge, Louisiana, for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY, and MARION F. EDWARDS.

MARION F. EDWARDS, Judge.

Plaintiff, Paulette Descant ("Descant"), was employed by Marathon Ashland Petroleum Company ("Marathon") in Garyville, Louisiana on August 12, 2002 as an operations technician in Sulfur Recovery Unit No. 45 ("SRU-45"). At approximately 8:15 p.m. on the evening of that date, Descant witnessed a fire, which resulted in the systematic shut down of SRU-45 over three hours. As a part of her duties, Descant was instructed by a board operator to...

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