In support of its argument, Union Pacific cites to England v. Fifth Louisiana Levee District , 49,795 (La.App. 2 Cir. 6/3/15), 167 So.3d 1105, wherein the plaintiffs had no physical injuries or physical damage to their property, to suggest that the highest reasonable award justified by this record is $ 50.00 per day. In response, Ms. Carriere cites to McDonald and In re New Orleans Train Car Leakage Fire Litigation , 00-1919 (La.App. 4 Cir. 4/20/05), 903 So.2d 9, writ denied , 05-1297 (La. 2/3/06), 922 So.2d 1171, to support her award of $ 5,500 for inconvenience damages. In McDonald, 546 So.2d 1287, the first circuit concluded the highest reasonable award permissible for inconvenience, where the plaintiffs were forced to evacuate following a train derailment that caused explosions and fires which damaged their property, was $ 5,000.00 for four weeks of evacuation and inconvenience.
In support of its argument, Union Pacific cites to England v. Fifth Louisiana Levee District , 49,795 (La.App. 2 Cir. 6/3/15), 167 So.3d 1105, wherein the plaintiffs had no physical injuries or physical damage to their property, to suggest that the highest reasonable award justified by this record is $ 50.00 per day. In response, Ms. Carrier cites to McDonald and In re New Orleans Train Car Leakage Fire Litigation , 00-1919 (La.App. 4 Cir. 4/20/05), 903 So.2d 9, writ denied , 05-1297 (La. 2/3/06), 922 So.2d 1171, to support her award of $ 3,250.00 for evacuation and inconvenience damages. In McDonald, 546 So.2d 1287, the first circuit concluded the highest reasonable award permissible for inconvenience, where the plaintiffs were forced to evacuate following a train derailment that caused explosions and fires that damaged their property, was $ 5,000.00 for the evacuation and inconvenience.
In re New Orleans Train Car Leakage, 795 So.2d at 393. The plaintiffs do not reference the compensatory damages awards made to an additional eighteen plaintiffs in In re New Orleans Train Car Leakage Fire Litigation, 00-1919 (La. App. 4 Cir. 04/20/05), 903 So.2d 9, writ denied, 05-1297 (La. 02/02/06), 922 So.2d 1171. In re New Orleans Train Car Leakage, 795 So.2d at 384.
McDonald , 546 So.2d at 1292 (citation omitted). In In re New Orleans Train Car Leakage Fire Litigation , 00-1919 (La.App. 4 Cir. 4/20/05), 903 So.2d 9, writ denied , 05-1297 (La. 2/3/06), 922 So.2d 1171, the fourth circuit affirmed the finding that damages for inconvenience were appropriate for numerous plaintiffs injured by a leaking tank car fire. The defendants only challenged one of the evacuation/inconvenience awards, that of Jacqueline Thomas.
McDonald , 546 So.2d at 1292 (citation omitted). In In re New Orleans Train Car Leakage Fire Litigation , 00-1919 (La.App. 4 Cir. 4/20/05), 903 So.2d 9, writ denied , 05-1297 (La. 2/3/06), 922 So.2d 1171, the fourth circuit affirmed the finding that damages for inconvenience were appropriate for numerous plaintiffs injured by a leaking tank car fire. The defendants only challenged one of the evacuation/inconvenience awards, that of Jacqueline Thomas.
" However, "[t]he jurisprudence recognizes the trial judge's great discretion in deciding a motion for new trial and, on appeal, the appellate court is limited to a determination of whether a trial judge abused his 'much discretion' in granting or denying a new trial." In re New Orleans Train Car Leakage Fire Litigation, 00-1919, p. 6 (La.App. 4 Cir. 4/20/05), 903 So.2d 9, 15, writ denied, 05-1297 (La. 2/3/06), 903 So.2d 9 (citing Zatarain v. WDSU-Television, 95-2600 (La.App. 4 Cir. 4/24/96), 673 So.2d 1181).
Perhaps this is so because, as noted by Judge Hanna, awards in similar chemical release cases do not approach the jurisdictional threshold. See Id. citing Howard v. Union Carbide Corp., 50 So.2d 1251, 1256 (La. 2010) citing In re New Orleans Train Car Leakage Fire Litigation, 903 So.2d 9 (La. App. 4th Cir. 2005), writ denied, 922 So.2d 1171 (La. 2006). Judge Hanna wrote as follows: [Howard held] that an award in the range of $100 to $500 per plaintiff was appropriate when the "claimants suffered relatively minor symptoms from their exposure, such as watering eyes, nose or throat irritation, coughing, and headaches.
Id. at p. 6-8; 902 So.2d at 417. Plaintiffs call our attention to In re New Orleans Train Car Leakage Fire Litigation, 00-1919 (La.App. 4 Cir. 4/20/05), 903 So.2d 9, writ denied, 05-1297 (La.2/3/06), 922 So.2d 1171, in which the individual plaintiffs were awarded from $5,000 to $15,000 for physical damages, and from $2,000 to $5,000 for mental anguish. However, a review of the Train Car Leakage opinion reveals that case is factually distinguishable.
Id. at p. 6-8; 902 So. 2d at 417. Plaintiffs call our attention to In re New Orleans Train Car Leakage Fire Litigation, 00-1919 (La. App. 4 Cir. 4/20/05), 903 So. 2d 9, writ denied, 05-1297 (La. 2/3/06), 922 So. 2d 1171, in which the individual plaintiffs were awarded from $5,000 to $15,000 for physical damages, and from $2,000 to $5,000 for mental anguish. However, a review of the Tank Car Leakage opinion reveals that case is factually distinguishable.
Young v. United States Auto. Ass'n Cas. Co. , 2007-1590, p. 5 (La. App. 4 Cir. 6/10/09), 15 So. 3d 327, 331 ; In re New Orleans Train Car Leakage Fire Litigation , 2000–1919, p. 6 (La. App. 4 Cir. 4/20/05), 903 So.2d 9, 15 ; Coleman v. Deno , 99-2998, p. 22 (La. App. 4 Cir. 4/25/01), 787 So.2d 446, 465. If a reasonable jury exercising impartial judgment might reach a different conclusion, then granting the JNOV was an error and the jury verdict should be reinstated.