Opinion
No. 2007 CA 0897.
December 21, 2007.
ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DOCKET NO. 483,752 HONORABLE JANICE CLARK, JUDGE PRESIDING.
Aidan C. Reynolds, Christopher L. Whittington, Baton Rouge, Louisiana, Counsel for Plaintiff's/Appellees, Larry and Rosie Adams.
Melissa A. Hemmans, L. Victor Gregoire, Baton Rouge, Louisiana, Counsel for Defendant/Appellant, Exxon Mobil Corporation.
Michael Cash, Justin J. Presnal, Pro Hac Vice, Houston, Texas.
BEFORE: GAIDRY, McDONALD, and McCLENDON, JJ.
Defendant, Exxon Mobil Corporation (Exxon), appeals the trial court's assessment to Exxon of the vast majority of the trial costs, 98%, even though the trial court found Exxon to be only 10% at fault for the accident and damages. We reverse.
After a jury trial, Rhodia, Inc., with whom plaintiff's had settled before trial, was found to be 88% at fault, with 2% of the fault assessed to plaintiff, Mr. Larry Adams.
In a related appeal, Adams v. Rhodia, Inc., 2006-1803 (La.App. 1 Cir. 9/26/07), So.2d, this court found that plaintiff's had not met their burden to prove that Exxon was liable for the accident and injury in question. Based on that opinion, and after review of the record now before us, we can find no just basis for assessment of costs against a "wholly prevailing party," including a defendant found to have no fault. See Emoakemeh v. Southern University, 94-1194, p. 9 (La.App. 1 Cir. 4/7/95), 654 So.2d 474, 479; LSA-C.C.P. art. 1920 2164; see also Westley v. Allstate Insurance Company, 2005-100, pp. 15-16 (La.App. 5 Cir. 5/31/05), 905 So.2d 1127, 1137.
For these reasons, we reverse the trial court's judgment of March 27, 2007 by this memorandum opinion issued in compliance with URCA Rule 2-16. LB. We assess the trial and appeal costs to plaintiff's, Larry and Rosie Adams.
REVERSED AND RENDERED.