Florida Gas Transmission Company, LLC VS Texas Brine Company, LLC

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO. 2018 CA 0549 FLORIDA GAS TRANSMISSION COMPANY, LLC VERSUS TEXAS BRINE COMPANY, LLC, ET AL. Judgment Rendered: JUL .0 12019 On Appeal from The 23rd Judicial District Court, Parish of Assumption, State of Louisiana Trial Court No. 34316 The Honorable Thomas J. Kliebert Jr., Judge Presiding Leopold Z. Sher Attorneys for Appellant/Defendant, James M. Garner Texas Brine Company, LLC Peter L. Hilbert Jr. Jeffrey D. Kessler New Orleans, Louisiana Theodore L. Jones Baton Rouge, Louisiana Robert Ryland Percy III Gonzales, Louisiana Eric J. Mayer Houston, Texas Travis J. Turner Gonzales, Louisiana Frank H. Spruiell Jr. Attorneys for Appellee/ Third-Party Reid A. Jones Defendant, Seth M. Moyers Sol Kirschner Shreveport, Louisiana Matthew J. Randazzo III Attorneys for Appellees/ Third-Party Christopher B. Bailey Defendants, Will Montz LORCA Corporation and Colorado Lafayette, Louisiana Crude Company Joseph L. Shea Jr. Attorneys for Appellee/ Third-Party Katherine Smith Baker Defendant, Ashley G. Gable Reliance Petroleum Corp. Joshua S. Chevallier Shreveport, Louisiana Sidney W. Degan III Attorneys for Appellee/ Third-Party Julia A. Dietz Defendant, Wade B. Hammett Chicago Insurance Co. Matthew F. Morgan New Orleans, Louisiana Catherine N. Thigpen Baton Rouge, Louisiana Martin A. Stern Attorneys for Appellees/ Third-Party Leigh Ann Schell Defendants, Raymond P. Ward Alexandra Roselli Occidental Chemical Corp., Occidental Petroleum Corp., Basic Chemicals Company, LLC, and New Orleans, Louisiana and Occidental VCM, LLC Sara Valentine Brad D. Brian, pro hac vice Daniel B. Levin, pro hac vice Bethany W. Kristovich, pro hac vice Los Angeles, California Kathy Patrick, pro hac vice Angus J. Dodson, pro hac vice Laura J. Kissel, pro hac vice Houston, Texas BEFORE: McDONALD, CRAIN, AND THERIOT, JJ. 2 CRAIN, J. Texas Brine Company, LLC, appeals a summary judgment dismissing its tort claims against the non -operators of an oil and gas well. We affirm. This is one of several lawsuits arising out of a sinkhole in Assumption Parish that developed on or about August 3, 2012, following the collapse of a salt mine cavern. Florida Gas Transmission Company sued Texas Brine, among other defendants, alleging Texas Brine' s salt mining operations caused the collapse of the cavern and the resulting sinkhole, which damaged two of Florida Gas' s nearby pipelines. Texas Brine filed incidental demands asserting both tort and contract claims against various parties, including the non -operators of a nearby oil and gas well, referred to herein as the " AH1 well." Sol Kirschner, LORCA Corporation, The defendant non -operators include Colorado Crude Company, and Reliance Petroleum Corporation and its insurer, Chicago Insurance Company ( collectively the non -operators"). The non -operators filed motions for summary judgment seeking dismissal of Texas Brine' s tort claims allegedly arising both before and after 1996, as well as related indemnity and contribution claims. In a judgment signed August 23, 2017, the trial court granted the motions and dismissed Texas Brine' s tort, indemnity, and contribution claims against the non -operators.' Texas Brine appeals. The arguments presented by Texas Brine were addressed in a related appeal decided by this circuit, Pontchartrain Natural Company, LLC, 18- 0606 ( La. App. 1 Cir. 12/ 21/ 18), 19- 0526 ( La. 6/ 17/ 19), So. 3d , Gas System v. Texas Brine 268 So. 3d 1058, writ denied, which affirmed an identical summary judgment dismissing the same claims in that proceeding against the non -operators. Finding no material distinctions between the evidence and arguments asserted in The trial court certified the judgment as a final, appealable judgment pursuant to Louisiana Code of Civil Procedure article 191513. 3 the two proceedings, we affirm the August 23, 2017 summary judgment for the reasons contained in Pontchartrain Natural Gas System. 2 This memorandum opinion is issued in accordance with Uniform Rules— Courts of Appeal, Rule 216. 1B. All costs of this appeal are assessed to Texas Brine. AFFIRMED. 2 In a rehearing application in Pontchartrain Natural Gas System, Texas Brine argued the court incorrectly evaluated its summary judgment evidence. Although we note that Michael Veazey' s affidavit was proper summary judgment evidence, we agree with the Pontchartrain court' s conclusion that his opinion is " wholly irrelevant as to any actions or omissions by the nonoperators of the [ AH1 well]." Pontchartrain, 268 So. 3d at 1059. M

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