OLESZKOWICZ v. EXXON MOBIL CORP.

No. 2014-C-0256.

156 So.3d 645 (2014)

John OLESZKOWICZ v. EXXON MOBIL CORPORATION, Exxon Mobil Oil Corporation, Humble Incorporated and Intracoastal Tubular Services, Inc.

Supreme Court of Louisiana.

December 9, 2014.


Attorney(s) appearing for the Case

Adams and Reese, LLP, Glen Marion Pilie , Martin A. Stern , Raymond Peter Ward , Valeria Munsterman Sercovich , New Orleans, LA, for Applicant.

Falcon Ldw Firm, Timothy John Falcon , Jeremiah Alexander Mark Sprague , Juan Cruz Obregon , Marrero, LA, Frank M. Buck Jr., PLC, Frank Marion Buck, Jr. , for Respondent.


We granted the writ application to determine whether the plaintiff's claim for punitive and exemplary damages is barred by res judicata and, if so, whether "exceptional circumstances" exist to justify not applying res judicata to bar the claim, as set forth in La.Rev.Stat. 13:4232(A). Although the court of appeal cited "exceptional...

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