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HOWARD v. UNION CARBIDE CORP.

No. 08-CA-750.

21 So.3d 1084 (2009)

Donna HOWARD, Individually and on Behalf of her Two Minor Children, Chad Howard and Kendra Howard, Clarence Johnson, Joyce Johnson, Orville Johnson and Helen Johnson. v. UNION CARBIDE CORPORATION.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied November 20, 2009.

Attorney(s) appearing for the Case

Andrew A. Lemmon, Irma L. Netting, Hahnville, LA, and Paula A. Ates, Destrehan, LA, and Roy F. Amedee, Jr., New Orleans, LA, for Plaintiff/Appellee.

David M. Bienvenu, John P. Murrill, Lexi T. Holinga, Baton Rouge, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS, SUSAN M. CHEHARDY, CLARENCE E. McMANUS and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

This is an appeal by Union Carbide Corporation, defendant/appellant, from a judgment fixing damages for randomly selected plaintiffs in this class action suit. The suit grew out of a chemical leak at defendant's plant in Taft, Louisiana. For the following reasons, we vacate two of the awards and otherwise affirm the remaining damage awards.

The leak began at about 10:00 PM on Thursday, September 10, 1998, and it was contained...

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