Leading materials sciences company cleared in accidents at two Louisiana sites
Trial lawyers with Jordan, Lynch & Cancienne have secured two defense dismissals on behalf of The Dow Chemical Co. in cases involving separate incidents at two of its Louisiana sites.
Contractors Jontrell Saizon, who was injured in April 2020, and Nicholas Blanchard, who was hurt in December 2022, sued Dow for damages, claiming the company’s alleged negligence caused incidents resulting in alleged severe injuries.
In cases like these, where Dow provided plaintiffs workers’ compensation benefits through its Owner Controlled Insurance Program, Louisiana law provides plaintiffs’ exclusive remedy against Dow is limited to collection of workers’ compensation unless Dow or one of its employees commits an “intentional act” injuring a plaintiff.
Despite Dow providing workers’ compensation benefits, lawyers for the plaintiffs (Arnold & Itkin and Clayton, Fruge’) sought significant damages, arguing that the intentional act exception to workers’ compensation exclusivity should be applied because the incidents were substantially certain to occur.
The Dow defense team, led by Jordan, Lynch & Cancienne partner Kevin Jordan, argued that this was a misstatement of the law and that the intentional act exception applies only if Dow or one of its employees knew an incident was substantially certain to occur and decided to go ahead anyway, which was not the case in either incident.
On Jan. 27, Louisiana District Court Judge Kevin Kimbal agreed, granting Dow’s motion for summary judgment in Mr. Saizon’s case.
In the Blanchard case, the trial court denied Dow’s motion for summary judgment, which was appealed on a supervisory writ to the First Court of Appeals in Baton Rouge. The First Court of Appeals on Feb. 14 reversed the trial court and entered judgment in Dow’s favor.
“We are grateful to the courts for their diligence in these matters,” said Mr. Jordan. “I am also grateful to our trial team who made these great results possible.”
The cases are:
- Jontrell Saizon v. The Dow Chemical Company, John Thibodeaux, Chaz Moreno and McKenzie Grimes; Cause No. 80368; in the District Court of Iberville Parish, La., 18th Judicial District Court, Division A.
- Nicholas Blanchard v. The Dow Chemical Company and Myron Gibson; Cause No. 38949; In the District Court of Assumption Parish, La.; 23rd Judicial District Court, Division A.
Mr. Jordan was assisted by Jordan, Lynch & Cancienne associates Sydney Rupe and Brittainie Zinsmeyer in both cases and by Adams & Reese partner Leigh Ann Schell in Blanchard.