When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence presented at trial.
Fourteen workers at the Citgo Petroleum Corporation refinery in Lake Charles, Louisiana, were exposed to hydrogen sulfide and sulfur dioxide following a gas release. The workers suffered various symptoms, including nasal irritation, headaches, and chest pain. The workers filed a lawsuit against Citgo, arguing their symptoms resulted from the gas release. The trial court awarded nine of the fourteen plaintiffs damages for fear of future injury. All fourteen plaintiffs received damages for mental anguish/loss of enjoyment of life. Citgo appealed.
On appeal, Citgo argued the trial court erred in awarding nine plaintiffs damages for fear of future injury because there was no evidence that the gas release could cause them future health problems. To recover for fear of future injury, a plaintiff must show a possibility of such damages from the tortious conduct. See Broussard v. Olin Corp. At trial, even the plaintiff’s expert witness did not testify that the plaintiffs were at risk for future health problems from the gas release. Additionally, there were studies presented indicating there were no known future health issues from similar exposures. Therefore, the appellate court found the trial court’s award of damages for future injuries was “mere speculation” and reversed the trial court’s award of damages for fear of future injuries to the nine plaintiffs.