Newell H. ANDRY, Tammy L. Cummins, Charlie Young, Wynde Charrier Saddy, Warren Campagna, Barbara Talcott and Armand & Catherine Duvio d/b/a Palace Day Camp
v.
MURPHY OIL, U.S.A., INC., Louisiana Power & Light Company, and Ernest Cagle.
Anthony S. Annino, et al.,
v.
Murphy Exploration and Production Company, Murphy Oil USA, Inc., Walworth Company and Louisiana Power & Light Company.
John Polizzi, Mary C. Polizzi, Larry Polizzi, Jason C. Polizzi and Johnnie Thomas,
v.
Murphy Exploration and Production Company and Murphy Oil USA, Inc.
Carrie Deffes, et al.,
v.
Murphy Oil USA, Inc.
Willie Washington, et al.,
v.
Walworth Company, Louisiana Power and Light, et al.
Insurance Company of North America, Reliance National Insurance Company, Zurich Insurance Company and National Union Fire Insurance Company of Pittsburg, Pennsylvania,
v.
Louisiana Power & Light Company and Walworth Company.
Michael Robert McCullogh,
v.
Murphy Oil, U.S.A., Inc., Entergy Louisiana, Inc., and Ernest Cagle.
Bryan Cassagne, Kary Cassagne, Michelle Cassagne and Brooke Cassagne,
v.
Entergy Louisiana, Inc., Formerly Known as Louisiana Power & Light Company and Walworth Company.
Court of Appeal of Louisiana, Fourth Circuit.https://leagle.com/images/logo.png
June 14, 2006.
Rehearing Denied August 15, 2006.
Attorney(s) appearing for the Case
Kenneth P. Carter, and Eugene G. Taggart, Terrence G. O'Brien, John J. Zvonek, Taggart Morton Ogden Staub Rougelot & O'Brien, LLC, New Orleans, LA, for Entergy Louisiana, Inc. (Formerly Known as Louisiana Power & Light Company).
Charles W. Schmidt III, Mary Beth Meyer, Christopher J. Alfieri, Christovich & Kearney, L.L.P., New Orleans, LA, and Robin G. Weaver, Squire, Sanders & Dempsey, L.L.P., Cleveland, OH, for Atlantic Richfield Company.
George A. Frilot, III, Joseph N. Mole, Allen J. Krouse, III, Amanda L.C. Bradley, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, and Daniel L. Dysart, Dysart & Tabary, L.L.P., Chalmette, LA, for Murphy Oil U.S.A., Inc.
Michael J. Deblanc, Jr., Preis, Kraft & Roy, New Orleans, LA, for Murphy's Insurers, Insurance Company of North America, Reliance National Insurance Company, Zurich Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA.
Kenny M. Charbonnet, Charbonnet Law Firm, L.L.C., Metairie, LA, and James S. Rees, III, Law Offices of James S. Rees III, Covington, LA, for Willie Washington.
Paul D. Palermo, Spyridon, Koch, Palermo & Dornan, L.L.C., Metairie, LA, for Bryan Cassagne, Kary Cassagne, Michelle Cassagne and Brooke Cassagne.
(Court Composed of Judge PATRICIA RIVET MURRAY, Judge MAX N. TOBIAS Jr., Judge EDWIN A. LOMBARD).
Court of Appeal of Louisiana, Fourth Circuit.
MAX N. TOBIAS, Jr., Judge.
These consolidated matters arise out of an explosion and resulting fire at the Residual Oil Supercritical Extraction ("ROSE") heater located within an oil refinery owned by Murphy Oil U.S.A., Inc. ("Murphy") in its Meraux, Louisiana facility. After reviewing the facts and applicable law, we amend the judgment of the trial court and affirm the judgment as amended.1
On 27 July 1995 at approximately 1:50...
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