Transportation - Chemical Release

  • Mr. Walsh represented a client in a 10 day bench trial class action in Civil District Court for the Parish of Orleans. The case involved chemical exposure to calcium hydroxide alleged to have come from open dump trucks. Mr. Walsh presented direct examination on the carrier's obligation in order to successfully shift a percentage of fault. 
  • Following a five and a half week jury trial, Mr. Kerrigan and Mr. Walsh obtained a defense verdict as to all claims brought by three employees of Gaylord Chemical/Container against a trucking company alleged to have delivered and moved four stainless steel trailers at Gaylord Chemical's Bogalusa plant. The last of the "Gaylord Chemical" cases, plaintiffs' alleged that their injuries and damages were caused by nitrogen tetroxide that leaked from the trailers in the days prior to the October 23, 1995, explosion. Because the cause of action accrued in 1995, plaintiffs were allowed to pursue punitive damages in addition to the forty million dollars ($40,000,000.00) they prayed for in closing argument. After deliberating for forty-five minutes, the jury found in favor of the trucking company and against the plaintiffs, dismissing their claims, with prejudice, and at their cost.
    In re Chemical Release at Bogalusa, No. 73,341, Div. "C."