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In a recent Louisiana jury trial involving allegations of illness caused by exposure to leaks from chemical tank trailers, Abbott, Simses & Kuchler attorneys Richard M. Simses and Charles Miers from the Firm’s Houston office and Paul M. Lavelle from the Firm’s New Orleans office joined forces with other defense counsel to represent the trucking, trailer leasing and insurance interests in a state court jury trial that lasted for over five weeks. Three plaintiffs alleged that the trailers’ gaskets failed allowing oxides of nitrogen to escape causing permanent disabling injuries. Plaintiffs claimed the failure to use Teflon® gaskets in place of rubber gaskets was a breach of duty giving rise to liability. Two of plaintiffs’ experts, a mechanical engineer and a life care plan expert, were successfully challenged under Daubert and were not accepted as expert witnesses. In closing argument, plaintiffs asked for a total of $40 million in damages; however, in 45 minutes, the jury returned a unanimous verdict, finding all defendants free from liability and dismissing the claims of all three plaintiffs. The jury accepted the defendants’ themes, including that the duty of care lie elsewhere.
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