Opinion
2022 CW 0739
09-01-2022
LOUISIANA WETLANDS, LLC AND NEW 90, LLC v. ENERGEN RESOURCES CORPORATION, CHEVRON USA, INC., SOUTHERN NATURAL GAS COMPANY, LLC, EP ENERGY E&P COMPANY, LP, AND BRAMMER ENGINEERING, INC.
In Re: Chevron U.S.A. Inc., Southern Natural Gas Company, L.L.C., BP America Production Company, and Energen Resources Corporation, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 130527.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
WRIT GRANTED IN PART; DENIED IN PART. The portion of the district court's June 16, 2022 judgment denying the Motion for Summary Judgment filed on behalf of Chevron USA, Inc., and Southern Natural Gas Company, LLC, and denying the Motion for Partial Summary Judgment filed on behalf of Energen Resources Corporation is reversed, in part. The original plaintiffs in this case were found, under the subsequent purchaser doctrine, to have no right of action. Louisiana Wetlands, LLC v. Energen Resources Corporation, 2021-0290 (La.App. 1st Cir. 10/4/21), 330 So.3d 674, writ denied, 2021-01610 (La. 1/12/22), 330 So.3d 614. For an amended petition to relate back, the original plaintiff must have a right of action. Jacob v. Dear's Serenity-House, LLC, 2013-0138 (La. 3/1/13), 108 So.3d 784. Accordingly, plaintiff James Bailey's 2019 Second Supplemental and Amending Petition For Damages does not relate back to the original petition, and James Bailey's tort claims are prescribed. The motions seeking summary judgment are granted in part as to those claims, and James Bailey's tort claims against Chevron USA Inc., Southern Natural Gas Company, LLC, and Energen Resources Corporation are dismissed.
With respect to the district court's judgment denying the Motion Adopting and Incorporating Chevron USA, Inc.'s and Southern Natural Gas Company, LLC's Motion for Summary Judgment filed on behalf of BP America Production Company, the writ is denied. See Alvin Fairburn &Associates, LLC v. Harris, 2 020-1290 (La.App. 1st Cir. 10/18/21), 2021 WL 4843584, *3 (unpublished) .
The writ is denied in all other respects with regard to any contract claims of James Bailey.
MRT
WRC
CHH