Michelle MARSHALL, Individually and on Behalf of her Minor Children, Aaliyah Jamison, Brandi Marshall, and Jeremy Roberts, Dorothy Jones, Jim Adams, and Tina Andrews, Individually and on Behalf of her Minor Children Jeffery Darnado, Dante Darnado, et al.
v.
AIR LIQUIDE-BIG THREE, INC., Air Liquide Corporation, Air Liquide America, L.P., Global Lime Calciner of Louisiana, Inc., Global Lime, LLC, David Bergeron and E. Roy Baggett.
Court of Appeal of Louisiana, Fourth Circuit.https://leagle.com/images/logo.png
September 7, 2012.
Opinion Granting Rehearing for Clarification October 5, 2012.
Attorney(s) appearing for the Case
Eric R. Nowak , Shirin E. Harrell , Harrell & Nowak, LLC, New Orleans, LA, for Michelle Marshall, Tina Andrews, Dorothy Jones, and Jim Adams.
Robert E. Kerrigan, Jr. , Jonathan M. Walsh , Deutsch, Kerrigan & Stiles, L.L.P., Louis C. LaCour, Jr. , Adams and Reese LLP, New Orleans, LA, for Chartis Specialty Insurance Company f/k/a American International Surplus Lines Insurance Company and Commerce and Industry Insurance Company, as the Alleged Insurers of Global Lime Calciner of Louisiana, LLC, and Global Lime, LLC.
Erin Fury Parkinson , Jose L. Barro, III , McGlinchey Stafford, PLLC, New Orleans, LA, Richard W. Bryan , Pro Hac Vice, Noel Edward Warren , Jackson & Campbell, P.C., Washington, DC, for Chartis Specialty Insurance Company and Commerce and Industry Insurance Company, as the Alleged Insurers of Air Liquide-Big Three, Inc. f/k/a Lincoln Big Three, Inc. and Air Liquide America L.P. f/k/a Air Liquide America Corporation.
(Court composed of Judge JAMES F. McKAY, III, Judge TERRI F. LOVE, Judge DANIEL L. DYSART).
Court of Appeal of Louisiana, Fourth Circuit.
TERRI F. LOVE, Judge.
This appeal arises from a trial on the merits for the four class representatives in a class action proceeding resulting from injuries caused from exposure to carbide lime dust. Following a two-week bench trial, the trial court allocated fault amongst the defendants pursuant to multiple theories of recovery and awarded damages to each class representative. The defendants and their insurers alleged that the trial court erred regarding the right...
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