Gustave J. Labarre, Jr. v. Occidental Chemical Company

NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
a COURT OF APPEAL
FIRST CIRCUIT
2019 CA 0624
J
GUSTAVE J. LABARRE, JR., ET AL.
VERSUS
OCCIDENTAL CHEMICAL COMPANY, ET AL.
Judgment Rendered. -
FEB 19 2020
X iXXX'. 7C 7C
Appealed from the 23rd Judicial District Court
In and for the Parish of Assumption
State of Louisiana
Case No. 33796
The Honorable Jason Verdigets, Judge Presiding
Leopold Z. Sher Counsel for
James M. Garner Defendant/Third- Party
Peter L. Hilbert, Jr. Plaintiff/Appellant
Christopher T. Chocheles Texas Brine Company, LLC
Jeffrey D. Kessler
David A. Freedman
New Orleans, Louisiana
Robert Ryland Percy, III
Travis J. Turner
Gonzales, Louisiana
Dane S. Ciolino
Metairie, Louisiana
James E. Kuhn
Ponchatula, Louisiana
Matthew J. Randazzo, III Counsel for
Christopher B. Bailey Third -Party Defendants/ Appellees
Will Montz Browning Oil Company, Inc.,
Lafayette, Louisiana LORCA Corporation, and
Colorado Crude Company
Joseph L. Shea, Jr. Counsel for
Katherine Smith Baker Third -Party Defendant/Appellee
Ashley G. Gable Reliance Petroleum Corporation
Joshua S. Chevallier
Shreveport, Louisiana
Frank H. Spruiell, Jr. Counsel for
Reid A. Jones Third -Party Defendant/Appellee
Seth M. Moyers Sol Kirschner
Anna W. O' Neal
Shreveport, Louisiana
X C 7C J? CX C
BEFORE: WELCH, LANIER, AND BURRIS, JJ.'
Judge William J. Burris, retired, is serving pro tempere by special appointment of the Louisiana
Supreme Court.
2
LANIER, J.
This dispute is one of many arising out of the August 2012 sinkhole that
appeared near Bayou Corne in Assumption Parish. This appeal relates to a
challenge to the trial court' s dismissal of the third -party demands by Texas Brine
Company, LLC (" Texas Brine") against multiple parties, including the third -party
defendants herein, Reliance Petroleum Corporation, Browning Oil Company, Inc.,
LORCA Corporation, Colorado Crude Company, and Sol Kirschner ( collectively,
the oil and gas parties"), based on res judicata and collateral estoppel. The same
issue was recently decided by this court in a related appeal that originated out of a
different trial court number ( No. 34270, 23rd Judicial District Court, Assumption
Parish), but was rendered by the same trial court judge on the same date,
concerning the same oil and gas parties and Texas Brine. See Marchand v. Texas
Brine Company, LLC, 2019- 0052 ( La. App. 1 Cir. 12/ 27/ 19), So. 3d ,
2019 WL 7206880. 2
In Marchand, this court affirmed the trial court's judgment sustaining the
exceptions of res judicata and collateral estoppel filed by the oil and gas parties,
and the dismissal, with prejudice, of Texas Brine's third -party demands against the
oil and gas parties. Marchand, So. 3d at , 2019 WL 7206880, at * 2- 3.
After a thorough review of the record, we find no material distinctions between the
evidence and arguments asserted in this appeal and those presented in the
Marchand appeal. The exact same background, issues, and assignments of error
raised by Texas Brine in this case have already been thoroughly discussed in
Marchand, which we are bound to follow under the " law of the circuit doctrine"
that requires us to follow our prior decisions. Pontchartrain Natural Gas System
2 The main difference between the related Marchand appeal and the instant appeal is that there
are different pipeline plaintiffs in the case sub judice. This appeal, however, does not concern
the pipeline plaintiffs.
3
v. Texas Brine Company, LLC, 2018- 0001 ( La. App. 1 Cir. 6/ 4/ 18), 253 So. 3d
156, writ denied, 2018- 1124 ( La. 9/ 28/ 18), 253 So. 3d 147.
We issue this summary disposition in accordance with Uniform Rules—
Courts of Appeal, Rule 2- 16. 2( A)(2), ( 4), and ( 6), and affirm the trial court's July
16, 2018 judgment sustaining the exception raising the objections of res judicata
and collateral estoppel and dismissing, with prejudice, Texas Brine's third -party
demands against Reliance Petroleum Corporation, Browning Oil Company, Inc.,
LORCA Corporation, Colorado Crude Company, and Sol Kirschner. All costs of
this appeal are assessed to Texas Brine Company, LLC.
AFFIRMED.
4