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ARABIE v. CITGO PETROLEUM CORP.

No. 10-334.

49 So.3d 985 (2010)

Craig Steven ARABIE, et al. v. CITGO PETROLEUM CORPORATION, et al.

Court of Appeal of Louisiana, Third Circuit.

October 27, 2010.

Attorney(s) appearing for the Case

William B. Baggett , Wells Talbot Watson , Baggett, McCall, Burgess, Watson & Gaughan, Peter J. Butler , Gretna, LA, Richard Elliott Wilson , Cox, Cox, Filo, Camel & Wilson, Lake Charles, LA, for Plaintiffs/Appellants-Jason Doucet, Charles Hardy, Bennett Talbot, Craig Steven Arabie, Scott Levy, Dennie Bankston, Larry Thomas, John Giovanni, Glen Miller, Dexter Breaux, Jimmy Buckelew, Randall Fontenot, Jerry Richard, Jr., and Joseph Burnett.

Robert E. Landry , Scofield, Gerard, Singletary & Pohorelsky, L.L.C., Yul Dubart Lorio , Doucet, Lorio & Moreno, Marshall Joseph Simien, Jr. , Simien Law Firm, Lake Charles, LA, Richard Edward Sarver , Barrasso, Usdin, Kupperman, Freeman & Sarver, L.L.C., News Orleans, LA, for Defendant/Appellee-Citgo Petroleum Corporation.

Kirk Albert Patrick, III , Law Offices of Donohue Patrick, Baton Rouge, LA, for Defendant/Appellee-R & R Construction, Inc.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR, and JAMES T. GENOVESE, Judges.

THIBODEAUX, Chief Judge.

Fourteen plaintiffs, who were exposed to Citgo Petroleum Corporation's slop oil and waste water release, assert that the trial court erred in its assessment of damages. We find—because a defendant is liable for all the costs associated with a plaintiff's surgery if the defendant's actions accelerated the need for that surgery—that the trial court misapplied the law by awarding only a portion of damages incurred by one of the...

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