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Bujol v. Entergy Services8/14/2002
ary damages, that person must have either corporeal possession of the thing or civil possession preceded by corporeal possession. La. C.C. art. 3431; Dumas; Train Car Litigation; Strauch; Galjour. Accordingly, corporeal (actual or physical) possession is essential to recovery under Article 2315.3. There was no corporeal possession by ALSA in this case. It is a legal fiction to hold that when ALSA assumed the duty to develop, impose, disseminate and enforce safety rules for ALAC, it (ALSA) also acquired the corporeal possession of ALAC's plant and oxygen. This holding by the majority (1) does not limit the application of Article 2315.3 to cases clearly within its language; (2) expands the meaning of Article 2315.3 by implication; and (3) extends its application beyond its obvious meaning. This violates the rule of strict construction. The majority has given lip service to the strict construction rule and the civil code rules for statutory interpretation. To reach a desired result, the majority has liberally interpreted Article 2315.3 to equate assumption of a duty with the acquisition of corporeal possession. I do not agree with this methodology.
RECAPITULATION
The majority's affirmance of the exemplary damage award against ALSA is in error because (1) it affirms a jury verdict that is wrong as a matter of law; (2) it fails to properly interpret La. C.C. art. 2315.3 pursuant to the applicable rules of statutory construction; and (3) it liberally interprets a penal statute to reach its result.
CONCLUSION
For the foregoing reasons, I respectfully dissent from the holding that ALSA is liable for exemplary damages.
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