Clarisse Armstead v. Multi-Chem Group, LLC

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

17-988 consolidated with 17-985, 17-986, 17-987,
17-989, 17-990, 17-991, 17-992

CLARISSE ARMSTEAD, ET AL.

VERSUS

MULTI-CHEM GROUP, LLC, ET AL.

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 119754
HONORABLE ANTHONY THIBODEAUX, DISTRICT JUDGE

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MARC T. AMY
JUDGE

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Court composed of Marc T. Amy, Van H. Kyzar, and Candyce G. Perret, Judges.

REVERSED IN PART; AFFIRMED AS AMENDED AND RENDERED.

Richard G. Duplantier, Jr.
Galloway, Johnson, Tompkins, Burr & Smith
701 Poydras Street, Suite 4040
New Orleans, LA 70139
(504) 525-6802
COUNSEL FOR DEFENDANTS/APPELLANTS:
Multi-Chem Group, LLC
Cade Bourque
John Gauthier
Nathan Walker
Aaron Gauthier

Robert deLoney Downing
8201 Jefferson Highway
Baton Rouge, LA 70809
COUNSEL FOR PLAINTIFFS/APPELLEES:
Clarisse Armstead, et al.

David Wynne
Wynne & Wynne
1415 Louisiana Street, Suite 3900
Houston, TX 77002
(713) 227-8835
COUNSEL FOR PLAINTIFFS/APPELLEES:
Clarisse Armstead, et al.

AMY, Judge.

For the reasons provided in the consolidated appeal of Robert J. Broussard,

et al. v. Multi-Chem Group, LLC, 17-985 (La.App. 3 Cir. _/_/18), _ So.3d _, the

awards to Sheral Iles, Julia Tillman, Adam Curley, Dorothy Lopez, and Clarisse

Armstead for mental anguish resulting from the fear of developing cancer are

reversed. The remainder of the award is affirmed. Thus, the judgment is partially

recast as to those plaintiffs and rendered, in part, as follows:

IT IS FURTHER ORDERED, ADJUDGED AND
DECREED that there be a judgment herein in favor of plaintiff,
SHERAL ILES, and against defendants, MULTI-CHEM GROUP,
LLC, et al condemning said defendants to pay unto plaintiff,
SHERAL ILES the full sum of $11,431.75 ($4,039.75 in medical
expenses; $392.00 in lost wages; and $7,000.00 in general damages).

IT IS FURTHER ORDERED, ADJUDGED AND
DECREED that there be a judgment herein in favor of plaintiff,
JULIA TILLMAN, and against defendants, MULTI-CHEM
GROUP, LLC, et al condemning said defendants to pay unto
plaintiff, JULIA TILLMAN the full sum of $5,000.00 ($5,000.00 in
general damages).

IT IS FURTHER ORDERED, ADJUDGED AND
DECREED that there be a judgment herein in favor of plaintiff,
ADAM CURLEY, and against defendants, MULTI-CHEM
GROUP, LLC, et al condemning said defendants to pay unto
plaintiff, ADAM CURLEY the full sum of $5,000.00 ($5,000.00 in
general damages).

IT IS FURTHER ORDERED, ADJUDGED AND
DECREED that there be a judgment herein in favor of plaintiff,
DOROTHY LOPEZ, and against defendants, MULTI-CHEM
GROUP, LLC, et al condemning said defendants to pay unto
plaintiff, DOROTHY LOPEZ the full sum of $2,573.00 ($2,500.00
in general damages and $73.00 in medical expenses).

IT IS FURTHER ORDERED, ADJUDGED AND
DECREED that there be a judgment herein in favor of plaintiff,
CLARISSE ARMSTEAD, and against defendants, MULTI-CHEM
GROUP, LLC, et al condemning said defendants to pay unto
plaintiff, CLARISSE ARMSTEAD the full sum of $2,000.00
($2,000.00 in general damages).

The judgment is thereafter affirmed as amended. Costs of this proceeding are

assessed to the defendants-appellants, Multi-Chem Group, LLC, Cade Bourque,

John Gauthier, Nathan Walker, and Aaron Gauthier.

REVERSED IN PART; AFFIRMED AS AMENDED AND RENDERED.

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