Warren v. Sabine Towing and Transportation Company10/30/2002
REVERSED IN PART; AMENDED IN PART; AFFIRMED IN PART.
This litigation arises from James Elmer Warren, Jr.'s exposure to benzene and benzene-containing products during the course of his employment with Sabine Towing and Transportation Company, Inc. (Sabine Towing). He initially brought suit against twenty-six defendants, seeking general, special, and punitive damages. After his death, Mr. Warren's widow, Evelyn Yvonne Warren, qualified as administratrix of his estate and continued the litigation as party plaintiff. Most of the originally named defendants settled before trial and were dismissed from the litigation. The matter ultimately went to trial with only Chevron U.S.A., Inc. (Chevron), individually and as successor to Gulf Oil Company (Gulf); Conoco, Inc. (Conoco); Marathon Oil Company (Marathon); and Dow Chemical Company (Dow) remaining as defendants. These defendants now appeal the trial court judgment rendered against them. Mrs. Warren has answered the appeal, seeking additional relief.
DISCUSSION OF THE RECORD
Mr. Warren began employment with Sabine Towing in 1944 as a seaman assigned to one of its vessels. At different times during his thirty-nine-year career with Sabine Towing, Mr. Warren held various positions, including seaman, quartermaster, boatswain, third mate, second mate, chief mate, and master. The United States Coast Guard certified Mr. Warren as qualified to hold the position of third mate in February of 1955; second mate in March of 1959; chief mate in July of 1964; and ship's master in July of 1970. At some point after each of these certifications, Sabine Towing promoted Mr. Warren. He retired in 1983, having served the last years of his career as ship's master.
In 1998, Mr. Warren was diagnosed as having myeloproliferative disorder, a blood disease. On December 4, 1998, he brought this suit, alleging that he contracted the disease as a result of exposure to the benzene and benzene-containing products he transported while working for Sabine Towing. The myeloproliferative disorder soon evolved into acute myelogenous leukemia (AML), and, on March 23, 2000, he died.
The five-day trial on the merits began on October 23, 2000. After completion of the evidence, the trial court took the matter under advisement and, on December 27, 2000, rendered a judgment awarding the following amounts:
Survival damages $2,000,000.00
Wrongful death damages
Evelyn Yvonne Warren $500,000.00
D'Juana Diane Hunter $200,000.00
Donna Lynn Lott $200,000.00
Punitive damages $2,500,000.00
Medical expenses $427,420.53
Funeral expenses $6,801.00
Regarding the survival damages and medical and funeral expenses, the trial court assessed fault as follows: Sabine Towing-33%; Chevron, individually-25%; Conoco-25%; Chevron, as successor to Gulf-10%; Marathon-5%; and Dow-2%. Regarding the wrongful death damages, the trial court reallocated the 33% fault of Sabine Towing to the remaining defendants as follows: Chevron, individually-37.313%; Conoco-37.313%; Chevron, as successor to Gulf-14.925%; Marathon-7.462%; Dow-2.985%.
In its reasons for judgment, the trial court concluded that Mr. Warren sustained substantial exposure to benzene and benzene-containing products manufactured by Chevron, Gulf, Conoco, and Marathon throughout his career with Sabine Towing. Further, the trial court concluded that this exposure was not limited to the shipping aspects of his employment, but extended to the processes of loading and unloading benzene and benzene-containing products at facilities owned and operated by Chevron, Gulf, Conoco, Marath
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