Opinion
Nos. 2009 CA 1489 consolidated with 2009 CA 1490.
September 10, 2010.
APPEALED FROM THE 23RD JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ASSUMPTION, LOUISIANA TRIAL COURT NOS. 28, 157 C/W 28, 122 HONORABLE THOMAS J. KLIEBERT, JR., JUDGE.
MARVIN GROS, JEFFERY M. HEGGELUND, DONALDSONVILLE, LA, AND TONYA B. CLARK, NAPOLEONVILLE, LA, AND JACK T. MARIONNEAUX, PLAQUEMINE, LA, ATTORNEYS FOR PLAINTIFFS-4TH APPELLANTS, CRYSTAL AUCOIN, ET AL.
FORD BARRY MARIONNEAUX, F. CHARLES MARIONNEAUX, MICHELLE LORIO ST. MARTIN, RYAN N. OURS, PLAQUEMINE, LA, AND W. ARTHUR ABERCROMBIE, JR., JOHN STONE CAMPBELL, III, JOHN A. VIATOR, BATON ROUGE, LA, AND MARTIN SAMUEL TRICHE, NAPOLEONVILLE, LA, ATTORNEYS FOR DEFENDANTS-1ST APPELLANTS, THE DOW CHEMICAL COMPANY AND DOW HYDROCARBONS RESOURCES, LLC.
TERRENCE K. KNISTER, WENDY HICKOK ROBINSON, NEW ORLEANS, LA AND VINCENT J. SOTILE, JR., PRAIRIEVILLE, LA, ATTORNEYS FOR DEFENDANT-2ND APPELLANT, GULF SOUTH PIPELINE COMPANY, LP.
EDWARD FRANCIS LEBRETON, III, NEW ORLEANS, LA AND STEVEN WILLIAM USDIN, CELESTE R. COCO-EWING EDWARD ROBERT WICKER, JR., KRISTEN L. BECKMAN, NEW ORLEANS, LA, ATTORNEYS FOR DEFENDANT-3RD APPELLANT, OIL INSURANCE, LTD.
RICHARD J. HYMEL, JEFFREY ALLAN RIGGS, LAFAYLTTL LA, ATTORNEYS FOR DEFENDANT-APPELLEE, FRANK'S CASING CREW RENTAL TOOLS, INC.
In the present action, 22 pre-selected plaintiffs, out of approximately 1200 total plaintiffs, asserted individual claims for damages allegedly suffered as a result of a natural gas leak. Plaintiffs herein are all residents of communities outside of the evacuation zone, but claimed to have been inconvenienced in being forced to drive longer alternate routes to and from their residences for a period of 50 days as result of the closure of a portion of La. Hwy. 70.
Following a bench trial, the trial court rendered judgment on April 29, 2009, and allowed recovery for 18 individual claims of inconvenience and/or special damages. From this judgment, defendants, the Dow Chemical Company, Dow Hydrocarbons Resources, L.L.C., Gulf South Pipeline Company, L.P., and OIL Insurance, Ltd., have suspensively appealed, and plaintiffs also appeal the trial court's denial of the fear and fright claims of some plaintiffs.
This matter was fixed for oral argument on the docket of this court for August 3, 2010, at 9:30 a.m. As the parties in this matter indicated to the court on said date that settlement of this matter was likely, this matter was continued and rescheduled without oral argument for August 24, 2010, at 9:30 a.m. As may be seen by the Joint Motion To Dismiss Appeal, filed herein on August 31, 2010, and made a part hereof by reference, the parties have amicably compromised all disputes between them, including all disputes presently the subject of this appeal and the payment of costs.
Because the parties have settled this matter, the issues raised by the parties on appeal are moot and are not properly before the court at this time. Courts may not decide cases that are moot, or where no justiciable controversy exists. An issue is moot when it has been deprived of practical significance and has been made abstract or purely academic. McLain v. Mann, 2006-1174, p. 3 (La. App. 1 Cir. 5/4/07), 961 So.2d 415, 417. Accordingly, this appeal is dismissed as moot. All costs associated with this appeal shall be split between plaintiffs and defendants.