Opinion
NO. 2015 CW 0581
05-15-2015
PAUL THOMPSON AND DAVID SIMMONS v. WILLIAMS COMPANIES, INC, WILLIAMS OLEFINS, LLC, WILLIAMS PARTNERS, LP, WILLIAMS PARTNERS GP LLC, DISCOVERY PRODUCER SERVICES, LLC, BLACK MARLIN PIPELINE LLC, WILLIAMS OHIO VALLEY MIDSTREAM LLC, AND TURNER INDUSTRIES GROUP, LLC
In Re: Williams Olefins, LLC, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, Nos. 72701 and 73, 170. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. MOTION FOR STAY DENIED AS MOOT. Pursuant to a de novo review, we find that plaintiffs-respondents, Shawn Thomas, Eduardo Elizondo, Christopher Devall, Michael Dantone, and Tyrone Varnado, presented sufficient evidence to support the denial of defendant-relator, Williams Olefins, LLC's motion for summary judgment, by way of expert affidavits in which affiants declared that defendant-relator knew with substantial certainty that an over-pressurized reboiler would catastrophically fail and result in death or serious injury. See Bazley v. Tortorich, 397 So.2d 475, 482 (La. 1981).
TMH
VGW
McClendon, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT