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.

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