In the Court of Appeal, Fourth Circuit, State of Louisiana, Thomas Anderson and others have filed a lawsuit against the City of New Orleans and Pan American Life Insurance Company. The case, bearing ID NO. 2024-C-0252, was filed in the Civil District Court, Orleans Parish with NO. 2000-07489, Division "J" under Honorable D. Nicole Sheppard on May 1, 2024.
The plaintiffs allege that they suffered injuries due to exposure to toxic substances that leaked from barrels stored in the basement of their workplace at 2400 Canal Street. The building was originally owned by Pan-American before being sold to Poydras Square Associates (later known as NID Corporation) in August 1982 who then leased it to the City of New Orleans. In December 1999, leakage from barrels containing toxic substances led to an evacuation of the building.
The plaintiffs are seeking compensatory and punitive damages pursuant to La. C.C. art. 2315.3 against both the City and Pan-American who they claim placed the barrels in the property before its sale in 1982. In response, Pan American is seeking an expedited review of a judgment made on April 29, 2024 which granted a motion by the plaintiffs to limit testimony from its expert witness Dr. Andrew Maier.
Judges Joy Cossich Lobrano, Rosemary Ledet and Sandra Cabrina Jenkins agree that since the plaintiffs had received Dr. Maier's written report prior to the judgment and the plaintiffs had deposed him on his qualifications and case specific opinions but never raised any concerns with his expertise on chemical exposures in their Daubert motion that the trial court abused its discretion in granting the motion to limit Dr. Maier's testimony. The judgment is reversed and remanded back to the trail court.