Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2018 CA 1391

FLORIDA GAS TRANSMISSION COMPANY, LLC

VERSUS

TEXAS BRINE COMPANY, LLC
r
Judgment Rendered: MAY 0 3 2021

Appealed from the
23rd Judicial District Court
In and for the Parish of Assumption
State of Louisiana
Docket Number 34, 316

Honorable Thomas J. Kliebert, Jr., Judge Presiding

Martin A. Stern Attorneys for Appellants/ Appellees/ Defendants
Leigh Ann Schell Occidental Chemical Corporation,
Raymond P. Ward Occidental Petroleum Corporation, and
Sara Valentine Oxy USA, Inc.
Alexandra Roselli
New Orleans, Louisiana

Kathy Patrick
Laura Kissel Cassidy
Samuel W. Cruse, III
Houston, Texas

Roy C. Cheatwood Attorneys for Appellant/ Appellee/ Defendant
Kent A. Lambert Legacy Vulcan, LLC
Adam B. Zuckerman
Colleen C. Jarrott
Matthew S. Chester
Matthew C. Juneau
New Orleans, Louisiana

Tony M. Clayton
Port Allen, Louisiana

Leopold Z. Sher Attorneys for Appellant/ Defendant
James M. Garner Texas Brine Company, LLC
Peter L. Hilbert, Jr.
Christopher T. Chocheles
Jeffrey D. Kessler
David A. Freedman

Melissa R. Harris
Laurie A. Dearman
New Orleans, Louisiana

Robert Ryland Percy, III
Gonzales, Louisiana

Eric J. Mayer
Houston, Texas

Travis J. Turner
Gonzales, Louisiana

Dane S. Ciolino
Metairie, Louisiana

Leopold Z. Sher Attorneys for Appellant/ Defendant
James M. Garner United Brine Services Company, LLC
Peter L. Hilbert, Jr.
Christopher T. Chocheles
Jeffrey D. Kessler
New Orleans, Louisiana

Robert Ryland Percy, III
Gonzales, Louisiana

Theodore L. Jones
Baton Rouge, Louisiana

Eric J. Mayer
Houston, Texas

Travis J. Turner
Gonzales, Louisiana

Leopold Z. Sher Attorneys for Appellee/ Defendant
James M. Garner Texas Brine Company, LLC
Peter L. Hilbert, Jr.
Christopher T. Chocheles
Jeffrey D. Kessler
David A. Freedman
Melissa R. Harris
Laurie A. Dearman
New Orleans, Louisiana

Robert Ryland Percy, III
Gonzales, Louisiana

James E. Kuhn
Ponchatoula, Louisiana

Eric J. Mayer
Houston, Texas

2

Travis J. Turner
Gonzales, Louisiana

Dane S. Ciolino
Metairie, Louisiana

Theodore L. Jones
Baton Rouge, Louisiana

Jason Cerise Counsel for Appellee/ Defendant
Jacob Weixler Adams Resources Exploration
New Orleans, Louisiana

Joseph L. Shea, Jr. Counsel for Appellee/ Defendant
Katherine Smith Baker Reliance Petroleum Corporation
Ashley G. Gable
Joshua S. Chevallier
Shreveport, Louisiana

Frank H. Spruiell, Jr. Counsel for Appellee/ Defendant
Reid A. Jones Sol Kirschner
Seth M. Moyers
Anna W. O' Neal
Shreveport, Louisiana

BEFORE: GUIDRY, THERIOT, AND BURRIS,' JJ.

1
Judge William J. Burris, retired, serving pro tempore by special appointment of the
Louisiana Supreme Court.

01

BURRIS, J.

Legacy Vulcan, LLC, Occidental Chemical Corporation ( Oxy), Occidental

Petroleum Corporation ( Oxy Petro), Oxy USA, Inc., and Texas Brine Company, LLC

appeal a judgment determining causation, liability, and apportionment of fault for

the formation of a sinkhole and the damage it caused in Assumption Parish,

Louisiana. United Brine Services Company, LLC ( UBS) filed an answer in response

to the appeals filed by Legacy Vulcan, Oxy, Oxy Petro, and Oxy USA. In response

to UBS' s answer, Oxy, Oxy Petro, and Oxy USA filed an exception of res judicata

with this court.

For the following reasons, we reverse in part, amend in part, and affirm in

part. We deny the exception of res judicata filed by Oxy, Oxy Petro, and Oxy USA

and deny the relief sought in UBS' s answer to the appeals.

FACTS AND PROCEDURAL HISTORY

This suit is one of many arising from a sinkhole that appeared near Bayou

Coyne in Assumption Parish in August 2012. The plaintiff in this suit, Florida Gas

Transmission Company, LLC, owns and operates two pipelines in the vicinity of the

property affected by the sinkhole. In its original petition for damages, Florida Gas

sought to recover damages for its inoperable pipelines from Texas Brine. Florida

Gas alleged that Texas Brine negligently operated the Oxy Geismar No. 3 Well

OG3), which collapsed and created the sinkhole.

Texas Brine responded by filing incidental demands asserting tort and

contract claims against various parties, including Legacy Vulcan and Oxy. Through

innumerable amended and supplemental pleadings filed by numerous parties,

additional litigants were added to the suit for their purported roles in causing the

sinkhole, including Oxy Petro ( Oxy' s parent company), Oxy USA, and UBS, a wholly

owned subsidiary of Texas Brine.

Two additional suits were filed against Texas Brine by affected pipeline

companies, namely, Pontchartrain Natural Gas System v. Texas Brine

Company, LLC, 23rd Judicial District Court, docket no: 34, 265 and Crosstex

Energy Services, LP, Crosstex LIG, LLC, and Crosstex Processing

Services, LLC v. Texas Brine Company, LLC, Zurich American Insurance

Company & American Guarantee and Liability Insurance Company, 23rd

Judicial District Court, docket no: 34, 202. Although the claims asserted in these

three pipeline cases are similar, the parties resisted consolidation, except for

purposes of trial. 2 The district court issued a trial order in September 2016,

outlining four phases of trial. The Phase 1 liability trial for the three pipeline cases

was held in the fall of 2017 for the purpose of determining what caused the

sinkhole and which parties, if any, were at fault under any theory of law. All other

issues were reserved for trial in Phases 2 through 4.

Judgment on the Phase 1 liability trial was issued on December 21, 2017,

finding Oxy, Texas Brine, and Legacy Vulcan liable for the formation of the

sinkhole. Fault was apportioned as follows: 50% to Oxy, 35% to Texas Brine, and

15% to Legacy Vulcan. In its written reasons, the district court concluded that the

sinkhole was caused, in various degrees, by three factors: ( 1) the cavern' s

proximity to the edge of the salt dome resulting in an unreasonably thin cavern

wall and an eventual brine leak, ( 2) the substantial depressurization of the OG3

cavern caused by brine leaking from the cavern into the AH -1 reservoir ( associated

with a neighboring oil and gas well), and ( 3) the timing of the plugging and

abandoning of the OG3.

Several parties then filed motions for new trial, primarily challenging the

apportionment of fault and the language of the judgment. After a contradictory

hearing on the motions and taking the matter under advisement, the motions for

new trial were granted in part and denied in part. In a judgment signed on April

18, 2018, the district court reapportioned fault as follows: 40% to Oxy, 5% to Oxy

z Appeals were filed in each matter following the Phase 1 liability trial: Pontchartrain, 2018 CA
1249, Florida Gas, 2018 CA 1391, and Crosstex, 2018 CA 1425.

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Petro, 5% to OXY USA, 25% to Texas Brine, 10% to UBS, and 15% to Legacy

Vulcan. From this judgment, Legacy Vulcan, Oxy, Oxy Petro, Oxy USA, and Texas

Brine appeal. UBS answered the appeals filed by all but Texas Brine.

Another panel of this court recently decided a nearly identical appeal in

Pontchartrain Natural Gas System v. Texas Brine Company, LLC, 2018-

1249 ( La. App. 1st Cir. 12/ 30/ 20), --- So. 3d ---. Although that case involved a

different plaintiff, the same April 2018 liability judgment, evidence, assignments of

error, and factual and legal considerations at issue here were at issue in

Pontchartrain. This court thoroughly discussed the procedural history of the

case and the evidence presented at trial and analyzed the applicable legal

principles — all of which we adopt by reference. Pontchartrain, 2018- 1249, pp.

5- 66, --- So. 3d ---. The Pontchartrain court affirmed the district court' s

conclusion that the sinkhole was caused by a combination of the closeness of the

cavern to the edge of the salt dome, which resulted in an unreasonably thin cavern

wall and eventual brine leak, and the plugging and abandoning of the OG3.

Pontchartrain, 2018- 1249, p. 48, --- So. 3d ---. However, this court concluded

that the district court manifestly erred by finding that the presence of the AH -1

reservoir was a cause -in -fact of the collapse of the OG3 cavern. Pontchartrain,

2018- 1249, pp. 45- 46, --- So. 3d ---. Finally, this court determined that the milling

procedure and pressurization of the OG3 in 2010, performed in anticipation of a

mechanical integrity test ( MIT), exacerbated any damage or leak already present

within the cavern. Pontchartrain, 2018- 1249, pp. 48, 61- 64, --- So. 3d ---

The only basis to allocate fault to Oxy Petro and Oxy USA was their

relationship to the AH -1 well and reservoir. Similarly, a portion of fault allocated

to Oxy also stemmed from the AH -1. Upon finding the AH -1 reservoir was not a

causative factor, the Pontchartrain court concluded that Oxy Petro and Oxy USA

were not liable and that Oxy's percentage of fault should be reduced.

Pontchartrain, 2018- 1249, pp. 65- 66, --- So. 3d ---

0

In- depth consideration was then given to the remaining parties' duties and

their relationships with each other and the OG3, all of which we adopt by

reference. After doing so, this court affirmed the district court' s remaining

duty/ breach determinations but also concluded that the district court manifestly

erred to the extent it failed to find that Texas Brine breached its duty to act as a

prudent operator when it milled and pressurized the OG3. Pontchartrain, 2018-

1249, pp. 64, 66- 72, --- So. 3d ---. This court then reversed and amended the April

2018 judgment to reallocate fault, reducing Oxy's fault to 30% and increasing

Texas Brine' s fault to 45%. The district court's allocation of 15% of fault to Legacy

Vulcan was affirmed. Pontchartrain, 2018- 1249, pp. 71- 72, --- So. 3d ---.

Finally, because UBS' s answer, wherein it sought a modification of the judgment,

was untimely, the judgment against it was affirmed without discussion of the

merits of the arguments raised in the answer. Pontchartrain, 2018- 1249, pp.

33, 65, --- So. 3d ---

After a thorough review of the record before us, we find only one distinction

between this appeal and the Pontchartrain appeal. Here, UBS timely filed an

answer in response to the appeals filed by Legacy Vulcan and the three Oxy

entities, seeking a modification of the judgment. Therefore, we must determine

whether the district court manifestly erred by assigning any fault to UBS, as it

maintains. See Graffia v. Louisiana Farm Bureau Casualty Ins. Co., 2008-

1480 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d 270, 274- 75 ( The trier of fact is vested

with much discretion in its allocation of fault; therefore, an appellate court should

only disturb the trier of fact's allocation of fault when it is clearly wrong or

manifestly erroneous.)

Before we expressly consider UBS' s arguments, we adopt the

Pontchartrain court's factual findings, legal conclusions, and holdings concerning

arbitration, causation, duty, and breach as to Legacy Vulcan, Oxy, Oxy Petro, Oxy

USA, and Texas Brine. Pontchartrain, 2018- 1249, pp. 5- 72, --- So. 3d ---. See

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Pontchartrain Natural Gas System v. Texas Brine Company, LLC, 2018-

0001 ( La. App. 1st Cir. 6/ 4/ 18), 253 So. 3d 156, 156, writ denied, 2018- 1124 ( La.

9/ 28/ 18), 253 So. 3d 147 ( recognizing that, where a subsequent appeal involves

the same background, issues, and assignments of error that have already been

thoroughly discussed by this court, we are bound by the " law of the circuit

doctrine" to follow the prior opinion.)

EXCEPTION OF RES JUDICATA

In response to UBS' s answer, Oxy, Oxy Petro, and Oxy USA filed an

exception of res judicata in this court, arguing that the determination that UBS' s

answer was untimely in Pontchartrain, 2018- 1249, pp. 33, 65, --- So. 3d ---, is

conclusive and bars consideration of UBS' s arguments raised in its timely answer

filed in this appeal. We disagree and deny the exception.

An essential requirement to the application of res judicata is a ' final

judgment." See La. R. S. 13: 4231. This court has previously noted in the sinkhole

litigation that a judgment from this court is not final and definitive until the

supreme court denies any possible application for certiorari or the delays run for

applying for certiorari and/ or rehearing. A final judgment from which there can

be no appeal acquires the authority of a thing adjudged. See La. Code Civ. P. art.

2166( C), ( D), and ( E); Pontchartrain Natural Gas System v. Texas Brine

Company, LLC, 2018- 0360 ( La. App. 1st Cir. 7/ 3/ 19), 280 So. 3d 661, 663; and

Pontchartrain Natural Gas System v. Texas Brine Company, LLC, 2018-

0004 ( La. App. 1st Cir. 6/ 6/ 18), 255 So. 3d 644, 648, writ denied, 2018- 1431 ( La.

12/ 3/ 18), 257 So. 3d 1259. Once a final judgment acquires the authority of a thing

adjudged, no court has jurisdiction to change the judgment, regardless of the

magnitude of any final judgment's error. Tolls v. Board of Supervisors of

Louisiana State University, 95- 1529 ( La. 10/ 16/ 95), 660 So -2d 1206, 1206- 07

per curiam).

3

As of the date of this opinion, Texas Brine, UBS, and Legacy Vulcan have

filed writs with the supreme court, seeking review and reversal of various aspects

of the Pontchartrain, 2018- 1249, --- So. 3d ---, opinion. The supreme court has

not acted on these writs; therefore, the delays set forth in La. Code Civ. P. art.

2166( E) have not yet expired. Consequently, the Pontchartrain, 2018- 1249, ---

So. 3d ---, judgment has not acquired the authority of a thing adjudged and cannot

support a claim of res judicata. 3 The exception is denied.

UBS' S ANSWER

UBS maintains that it should not be cast with any fault for causing the

sinkhole because it was not involved in the day-to-day operations or mining of the

OG3 and was only involved in " special projects" concerning the well. According to

UBS, its involvement with the three causative factors identified by the district court

was " either extremely limited or non- existent."

As an initial matter, we note that the distinction between Texas Brine and

UBS is often blurred. When witnesses testified at trial, they frequently referred to

Texas Brine and UBS interchangeably, making it abundantly clear that these

entities worked closely in connection with the OG3. Similarly, the parties and the

district court commonly referred to both entities as " Texas Brine." For instance,

in its written reasons, the district court referred to Texas Brine and UBS collectively

as " Texas Brine," making no distinction between them. However, the trial

testimony established that UBS is a wholly owned subsidiary of Texas Brine. UBS

was created in 2001 to provide technical and engineering services to Texas Brine' s

customers. As a separate legal entity, independent from Texas Brine, UBS must

be treated as such for purposes of this appeal. 4 See Bujol v. Entergy Services,

3 We note that the Ione request for rehearing filed in Pontchartrain, 2018- 1249, --- So. 3d ---,
was denied on February 10, 2021.
4 Florida Gas, Legacy Vulcan, and Oxy alternatively alleged that UBS is liable with Texas Brine
under the single business enterprise theory. Although it appears this issue has not yet been
resolved, whether the single business enterprise theory applies to Texas Brine and UBS is not
before us in this appeal.

G7

Inc., 2003- 0492 ( La. 5/ 25/ 04), 922 So. 2d 1113, 1127. Mindful of this

requirement, we conclude that a combination of findings made in Pontchartrain,

2018- 1249, --- So. 3d ---, which we adopt as our own, as well as evidence in the

record before us, support the district court's finding of liability against UBS and its

allocation of fault to Texas Brine' s subsidiary.

As found in Pontchartrain, Texas Brine, as operator, had the duty to

operate the OG3 in a prudent manner. It breached this duty in several ways,

including by milling and pressurizing the OG3, then plugging and abandoning the

well rather than continuing to monitor. Pontchartrain, 2018- 1249, pp. 62- 64,

So. 3d ---. As to the milling, pressurization, and plugging/ abandonment of the

OG3, the record establishes that UBS worked alongside Texas Brine and assumed

a " hands- on" role in each of these endeavors. Although UBS was not the operator

of the OG3, it nonetheless had a duty to act in a reasonable and prudent manner.

It is the basic policy of our law that every act whatever of a man that causes

damage to another obliges him by whose fault it happened to repair it. La. Civ.

Code art. 2315. See also La. Civ. Code art. 2316, ' Every person is responsible for

the damage he occasions not merely by his act, but by his negligence, his

imprudence, or his want of skill."

Milling and Pressurization of the OG3:

In 2008, Texas Brine suggested that a vertical seismic profile be run on the

OG3 to determine the shape of the cavern. Shortly thereafter, Texas Brine

erroneously advised Oxy that, before this could be done, a milling procedure was

needed. Pontchartrain, 2018- 1249, p. 22, --- So. 3d ---. The milling was

performed in 2010, followed by the vertical seismic profile, then a pressure test

preMIT) in anticipation of performing the MIT. The OG3 failed to hold pressure

during the preMIT, which conclusively established the existence of a leak in the

OG3. Consequently, the MIT was never performed. As found in Pontchartrain,

and adopted herein, the milling procedure and pressurization of the OG3 added

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stress to the cavern and exacerbated the leak. Pontchartrain, 2018- 1249, pp.

24- 25, 61- 64, --- So. 3d ---

The evidence demonstrates that UBS was involved in these procedures, start

to finish. James Tichenor, UBS' s president from 2001 until early 2010,

communicated with Oxy concerning his recommendations and the timing of the

vertical seismic profile and the milling operation. Mark Cartwright, UBS' s president

effective September 2010, confirmed that UBS developed the milling procedure.

Jeffrey McCartney, UBS' s manager of wells, likewise confirmed that he was

involved in planning and designing the milling procedure. The documents reveal

that UBS' s manager of wells played an integral role in securing permit approval for

the project from the Louisiana Department of Natural Resources ( LDNR), providing

diagrams and details for the proposed work.

As the well operator, Texas Brine maintained overarching authority and

control over the OG3. Pontchartrain, 2018- 1249, pp. 54- 55, 63- 64, --- So. 3d

However, UBS' s Dave Dickehut was the manager or field supervisor on the

project. Mr. Cartwright testified, "[ W] e certainly wanted to have a single source

of direction, and Houston and UBS is [ sic] where the professional staff was to

guide the work." On September 28, 2010, Mr. Dickehut advised UBS' s Cartwright

and McCartney of problems occurring during the milling procedure. Upon learning

of the issues, Mr. Cartwright noted, " Sure seems connected to the surrounding

rock." He further cautioned, " we could see one hell of a mess one day." Like

Texas Brine, UBS did not convey these concerns to Oxy; although, the record

shows that UBS frequently communicated with Oxy in the aftermath of the failed

preMIT. Pontchartrain, 2018- 1249, p. 26, --- So. 3d ---.

Plugging and Abandonment of OG3:

Two causation experts who testified at trial opined that plugging and

abandoning the OG3 was " the worst possible thing to do." Pontchartrain, 2018-

1249, p. 64, --- So. 3d ---. It was the " proverbial nail in the coffin in causing the

11

sinkhole" because plugging and abandoning the OG3 "" took away any mode of

monitoring pressure within the cavern or rectifying any issues therewith, such as

extreme pressure loss." Pontchartrain, 2018- 1249, pp. 47-48, --- So. 3d ---. The

Pontchartrain court expressly found that, in addition to Texas Brine, UBS " was

also intricately involved in the plugging and abandoning of the OG3 cavern, with

UBS making the determination that it was no longer beneficial to monitor the

cavern and drafting the proposal of the plugging and abandoning to submit to the

LDNR." Pontchartrain, 2018- 1249, p. 70, --- So. 3d ---. At the time, Texas Brine

and UBS determined that the integrity of the well' s casing could not be established

and that monitoring the pressure of the well would have been useless.

Pontchartrain, 2018- 1249, pp. 27, 64, --- So. 3d ---. The court further concluded,

It is clear that prior to plugging and abandoning Texas Brine was sufficiently

aware of a cavern leak within the OG3 as evidenced by the testimony of Bruce

Martin, the president of UBS, who stated Mr. Cartwright, then president of UBS,

informed him of this leak." Pontchartrain, 2018- 1249, pp. 28- 29, --- So. 3d ---.

These findings, which we adopt as our own, are well- founded and supported by

the record before us. 5

Additionally, the record confirms that, after the failed preMIT, UBS

maintained in- person and written communication with LDNR concerning the status

of the OG3, initial monitoring options, and, ultimately, the plan to plug and

abandon the OG3. UBS' s Cartwright and McCartney confirmed that UBS designed

and implemented the plugging and abandonment procedure.

It is evident that UBS' s involvement with the OG3 can hardly be

characterized as "" extremely limited." We find UBS' s attempt to entirely extricate

5 On June 16, 2011, John Sergo, then vice president of UBS, prepared a company email that
included an update of UBS' s entire works. Under the " Well Work" section, the update noted "[ t] he
plugging and abandoning of OG # 3 is complete. May the well rest in peace and not create Lake
McCartney." Mr. Sergo admitted that, based on the language used, it could be inferred that UBS
contemplated the appearance of a sinkhole. Pontchartrain, 2018- 1249, p. 29, --- So. 3d ---.

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itself from the events that caused the sinkhole to be disingenuous and wholly

without merit. We find no manifest error in the district court's judgment allocating

10% of fault for causing the sinkhole to UBS. This portion of the April 18, 2018

judgment is affirmed.

FAULT ALLOCATION TO REMAINING PARTIES

Considering the identical nature of the remaining issues presented in this

appeal and those considered in Pontchartrain, we adopt the liability

determinations and fault allocations set forth therein as they relate to Texas Brine,
6
Legacy Vulcan, Oxy, Oxy Petro, and Oxy USA. Pontchartrain, 2018- 1249, pp.

65- 71, --- So. 3d ---. Therefore, we find the district court was manifestly erroneous

in its fault allocation to Oxy, Oxy Petro, Oxy USA, and Texas Brine. We reallocate

fault such that Oxy shall bear 30% of fault, Texas Brine shall bear 45% of fault,

and Oxy USA and Oxy Petro shall bear no fault. Finally, we find no error in the

district court's allocation of 15% of fault to Legacy Vulcan.

We further dispose of all pending motions' and exceptions filed with this

court by adopting the rulings made in Pontchartrain, 2018- 1249, --- So. 3d ---,

as the motions and exceptions filed in this appeal are materially indistinguishable

from those considered in Pontchartrain, 2018- 1249, --- So. 3d ---. 8

6 We likewise adopt the Pontchartrain court' s conclusion that the district court was not
manifestly erroneous in declining to allocate fault to Dr. Joseph Ratigan, a geological engineer
who frequently provided opinions and analysis concerning the OG3. Pontchartrain, 2018- 1249,
p. 71, n. 34, --- So. 3d ---.
7 Texas Brine's February 12, 2021 and March 22, 2021 motions to strike the letters filed by the
three Oxy entities pursuant to Uniform Rules of Louisiana Courts of Appeal, Rule 2- 12. 6. 1, are
denied as moot.
8
Specifically, we adopt the dispositions set forth in Pontchartrain, 2018- 1249, --- So. 3d ---,
denying the following:
1) Texas Brine and UBS' s motion to stay. Id. at p. 5, n. 2.
2) Texas Brine' s motion for limited remand or stay of this appeal considering the district
court's per curiam in Crosstex, 34, 202. Id.
3) Oxy, Oxy Petro, Oxy USA, and Legacy Vulcan' s motion to consolidate the three liability
appeals appearing in docket numbers 2018 CA 1249, 2018 CA 1391, and 2018 CA 1425.
Id. at p. 6, n. 3.
4) Oxy, Oxy Petro, and Oxy USA's motion to consolidate the Phasel liability appeals. Id.

s) Texas Brine' s exception of lack of appellate jurisdiction or, alternatively, motion to strike
arbitrability from the Phase 1 liability appeal. Id. at p. 38, n. 28.
6) Texas Brine' s peremptory exception of res judicata regarding the non- arbitrability of tort
claims. Id.

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CONCLUSION

For the reasons fully set forth in this opinion and in Pontchartrain, 2018-

1249, --- So. 3d ---, the district court's April 18, 2018 judgment is reversed in part,

amended in part, and affirmed in part. That portion of the judgment allocating

40% of fault to Occidental Chemical Corporation is reversed. That portion of the

judgment allocating 5% of fault to Occidental Petroleum Corporation is reversed.

That portion of the judgment allocating 5% of fault to Oxy USA Inc. is reversed.

We amend that portion of the judgment that allocated 40% of fault to

Occidental Chemical Corporation to reflect the allocation of 30% of fault to

Occidental Chemical Corporation. We further amend that portion of the judgment

that allocated 25% of fault to Texas Brine Company, LLC to reflect the allocation

of 45% of fault to Texas Brine Company, LLC.

We affirm the remainder of the district court's judgment, allocating 15% of

fault to Legacy Vulcan, LLC f/k/ a Legacy Vulcan Corp. and/ or Vulcan Materials

Company and 10% of fault to United Brine Services Company, LLC. We deny the

exception of res judicata filed by Occidental Chemical Corporation, Occidental

Petroleum Corporation, and Oxy USA Inc. and deny the relief sought in United

Brine Services Company, LLC' s answer to the appeals.

This memorandum opinion is issued in accordance with Uniform Rules of

Louisiana Courts of Appeal, Rule 2- 16. 1( B). Each party shall bear its own costs on

appeal.

REVERSED IN PART; AMENDED IN PART; AFFIRMED IN PART. ANSWER
TO APPEAL DENIED. EXCEPTION OF RES JUDICATA DENIED.

7) Texas Brine' s motion to strike Oxy's response to per curiam. Id.
8) Oxy's motion for summary disposition. Id. at p. 39, n. 29.

9) Texas Brine's motion to stay Phase 1 appeal considering supplemental production of
documents by Legacy Vulcan. Id.
1o) Texas Brine's motion for limited remand regarding reallocation of fault due to newly
produced documents by Legacy Vulcan. Id.
We likewise adopt the disposition in Pontchartrain, 2018- 1249, p. 72, n. 35, --- So. 3d ---,

granting Oxy' s motion to supplement illustrations for its original brief.

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